Kelly v UNSW

In the matter of Kelly v UNSW, the plaintiff sought to bring claims for defamation, assault, and intimidation against the defendants. The proceedings were brought in the Federal Circuit and Family Court of Australia, and the defendants applied for summary dismissal of the defamation claims on the basis that the plaintiff had not filed a valid concerns notice within the requisite period. Additionally, the defendants argued that the claims were statute-barred as they were commenced more than 12 months after the alleged defamatory publications.

The court was required to determine whether the plaintiff's concerns notice was valid and whether an extension of the limitation period should be granted. The court found that the concerns notice was invalid as it did not comply with the statutory requirements. Furthermore, the court held that the plaintiff's claims were statute-barred as they were brought more than 12 months after the alleged defamatory publications, and no extension of time was warranted. The court also determined that the plaintiff's claim for intimidation should be struck out with leave to replead, and that the proceedings should be transferred to the General List for further management.

Accordingly, the court dismissed the plaintiff's application for an extension of the limitation period, struck out and dismissed the defamation claims, and struck out the claim for intimidation with leave to replead. The court ordered that the plaintiff's amended statement of claim be filed within 28 days, accompanied by a Statement of Particulars. The proceedings were removed from the Defamation List and placed in the General List, with a return date set for 7 March 2025. Finally, the court ordered that the plaintiff pay the first and third defendants' costs of the application and of the defamation proceedings.