In the last week, two decisions handed down the NSW District Court carefully examined the new requirements for “serious harm” in defamation cases. On 1 July 2021, the Defamation Act 2005 (NSW) (“the Act”) enacted new provisions which created a requirement for the plaintiff to prove serious harm. Section 10A, an adaptation from section 1
LLB, Bachelor of Journalism, GDipLegalPrac
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Sarah graduated with a double degree in Journalism and Law from the University of Wollongong in 2020 after commencing work as the Defamation paralegal and social media assistant at O’Brien Criminal & Civil Solicitors in July of that year.
While working at the Australian Broadcasting Corporation (ABC) in 2018, Sarah developed an interest in media law and social justice. After completing stints in both the newsroom and the legal department of the ABC, Sarah moved into private practice with O’Briens.
During her degrees, Sarah engaged in an array of experiences including volunteering with the Illawarra Legal Centre and Legal Aid Wollongong and as online editor of the University’s student magazine, the Tertangala.
Recent articles by Sarah Gore
The District Court of NSW has confirmed it holds the power to grant permanent injunctions. In a defamation case handed down last week by Her Honour Judge Gibson, the Court awarded the Plaintiff a permanent injunction. This confirms the court’s powers which were somewhat uncertain to date. Food blogger eats words after Court orders him
In a decision handed down on an Instagram defamation case earlier this week, the District Court set clear guidelines for how the court must address social media defamation. Last Monday, Her Honour Judge Gibson handed down a decision in relation to defamatory posts made on various Instagram videos. Importantly, Her Honour addressed some important questions