---
title: "Response to a concerns notice: further particulars notice, or letter declining to make an offer to make amends"
url: "https://ailawframework.com/precedents/defamation-and-media-law/concerns-notice-response-further-particulars"
type: "precedent"
site: "AI Law Framework"
id: "a33-concerns-notice-response-further-particulars"
area_id: "A33"
kind: "notice"
ai_level: "yellow"
version: 1
task_ids: ["A33-A20260923-4"]
law_stated_as_at: "2026-10-18"
---

# 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.

Canonical page: https://ailawframework.com/precedents/defamation-and-media-law/concerns-notice-response-further-particulars  
Law stated as at: 2026-10-18

Site index for agents: https://ailawframework.com/llms.txt

## Key facts

- Kind: Notice. A formal notice to serve or publish.
- Practice area: [Defamation & Media Law](https://ailawframework.com/precedents/defamation-and-media-law.md)
- Jurisdictions: New South Wales, Australia
- AI level: Yellow. AI can help in set ways. A lawyer checks specific points before use.
- Law stated as at: 2026-10-18
- Status: Maintained. Checked on 2026-10-18 against the 5 authorities it cites, for New South Wales and Australia.

## 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.

## Used for these tasks

- [Draft a without-prejudice offer of amends from the notice and the capture](https://ailawframework.com/practice/defamation-and-media-law.md#A33-A20260923-4)

## 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

## Authorities

- [Defamation Act 2005 (NSW) s 12A(1) (contents of a concerns notice), s 12A(3) to (5) (further particulars notice; 14 days to respond; effect of failure)](https://legislation.nsw.gov.au/view/html/inforce/current/act-2005-077)
- [Defamation Act 2005 (NSW) s 12B (proceedings cannot be commenced without a concerns notice and before the applicable period ends)](https://legislation.nsw.gov.au/view/html/inforce/current/act-2005-077)
- [Defamation Act 2005 (NSW) ss 13, 14 (offer to make amends; applicable period of 28 days, or 14 days after further particulars)](https://legislation.nsw.gov.au/view/html/inforce/current/act-2005-077)
- [Defamation Act 2005 (NSW) s 9 (excluded corporations), s 10A (serious harm element)](https://legislation.nsw.gov.au/view/html/inforce/current/act-2005-077)
- [Defamation Act 2005 (NSW) s 44 (giving of notices)](https://legislation.nsw.gov.au/view/html/inforce/current/act-2005-077)

## Full text and drafting notes

The full text and the drafting notes are not part of this public page. Signed-in firm accounts can read them at https://ailawframework.com/precedents/defamation-and-media-law/concerns-notice-response-further-particulars and through the signed-in MCP connector https://ailawframework.com/mcp/firm.

*Practice guidance for planning and review. Confirm current primary sources and the requirements of the actual matter. This is general information, not legal advice.*