Notice · Defamation & Media Law
Response to a concerns notice: further particulars notice, or letter declining to make an offer to make amends
Publisher’s response to a concerns notice under the uniform Defamation Acts: Part A is a further particulars notice under s 12A(3); Part B is a letter declining to make an offer to make amends while reserving defences.
- Kind
- Notice. A formal notice to serve or publish.
- Where it applies
- New South Wales, Australia
- AI use
- Yellow AI can help in set ways. A lawyer checks specific points before use.
- Law stated as at
- 18 October 2026
- Status
- Maintained. Checked on 18 October 2026 against the 5 authorities it cites, for New South Wales and Australia.
- Version
- 1
- Source
- Written for this library
When to use it
Use for a publisher who has received a concerns notice and either needs the location, imputations or serious harm better particularised (Part A), or has decided not to make an offer to make amends (Part B). Send Part A within 14 days of the concerns notice if the publisher wants the longer amends period. Section references are to the Defamation Act 2005 (NSW); the other states and territories have matching provisions.
How AI may be used
AI may check the concerns notice against each s 12A(1) requirement and fill dates and references; the lawyer decides what is inadequately particularised, whether to offer amends, and signs.
AI may
- Set out each s 12A(1)(a) requirement against what the concerns notice actually says, for the lawyer to assess
- Calculate the 14-day and 28-day dates from the date the notice was given, for the lawyer to confirm
- Fill the parties, publication details and reference numbers from the notice and the capture
AI must not
- Must not decide that a concerns notice is inadequate or that an imputation is or is not carried
- Must not state or assess any defence in Part B; the letter reserves them in general terms only
- Must not send the notice or letter, or contact the aggrieved person
The lawyer checks
- Each request in Part A is for reasonable further particulars of information required by s 12A(1)(a)(ii) to (v), not a request for evidence
- Part A is given within 14 days of the concerns notice if the publisher relies on the s 14(2)(a) period, and it is the first further particulars notice (s 14(3))
- The decision not to offer amends in Part B is made with the risk under s 18 and the limitation position in mind
- The notice is given by a method s 44 allows, to the address the aggrieved person specified
Method: how the Green, Yellow and Red levels are decided. This is guidance for planning, not legal advice.
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More in Defamation & Media Law
- Concerns notice under the uniform Defamation Acts (with UK letter-of-claim and NZ variants)
- Deed of settlement and release for a defamation dispute, with agreed correction, apology and removal terms
- Offer to make amends in response to a concerns notice
- Defamation claim assessment checklist for an aggrieved person: publication capture, serious harm, limitation and concerns notice timing
- Pre-publication legal review checklist (including AI-generated text, images and quotes)
- Correction, clarification or apology for publication, with placement and prominence schedule
- Takedown demand for AI-generated deepfake or synthetic content (to poster or platform)
- Complaint notice to a digital intermediary (s 31A accessible complaints mechanism) with UK and US variants
- Newsroom and publisher generative AI and synthetic media policy
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