Rann v Olsen

Case

[2000] SASC 83

12 April 2000


Details
AGLC Case Decision Date
Rann v Olsen [2000] SASC 83 [2000] SASC 83 12 April 2000

CaseChat Overview and Summary

The case of Rann v Olsen is an action for slander brought by Mr Rann, the Leader of the Opposition in the Parliament of South Australia, against Mr Olsen, the Premier of the State. Mr Olsen admitted making the statements complained of and that they bore a meaning that was defamatory of Mr Rann. The Full Court of the Supreme Court of South Australia was required to decide whether certain provisions of the Parliamentary Privileges Act 1987 (Cth) and the Constitution of the Commonwealth of Australia prevented Mr Olsen from maintaining and supporting his defences in the action. The court held that section 16(3) of the Parliamentary Privileges Act 1987 (Cth) does not prevent Mr Olsen from maintaining and supporting his defences. The court also held that section 16(3) is a valid law of the Parliament of the Commonwealth. The court declined to answer whether the action should be permanently stayed as it considered the questions posed in the case stated were unclear and speculative.
Details

Areas of Law

  • Constitutional Law

  • Defamation Law

Legal Concepts

  • Constitutional Validity

  • Legitimate Expectation

  • Defamation

  • Qualified Privilege

  • Proportionality

Actions
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Cases Citing This Decision

234

Commonwealth v Vance [2005] ACTCA 35
Cases Cited

10

Statutory Material Cited

0

PGA v The Queen [2012] HCA 21
PGA v The Queen [2012] HCA 21