Checklist · Defamation & Media Law

Defamation claim assessment checklist for an aggrieved person: publication capture, serious harm, limitation and concerns notice timing

First-instruction checklist for a person who says they have been defamed: capture and first-publication date, standing of a corporation, serious harm evidence, likely defences, the 1-year limitation period and its extensions, and the concerns notice timetable.

Kind
Checklist. Steps or checks to work through and tick off.
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 at the first meeting with a person or excluded corporation who believes they have been defamed, before deciding whether to give a concerns notice. It records the facts the concerns notice, the limitation calculation and any later serious harm application depend on.

Used for these tasks

Each task page says how far AI may help with the task and what the lawyer must review.

How AI may be used

AI may organise the capture, the dates and the harm evidence into the checklist; the lawyer identifies the imputations, assesses serious harm and defences, and confirms the limitation date.

AI may

  • Record each publication’s URL, capture time, author, platform and visible audience metrics from the client’s screenshots and links
  • List the evidence of harm the client has provided (messages, lost work, changed behaviour of others) with dates and sources
  • Calculate candidate limitation dates from the first-publication dates, flagged for the lawyer to confirm

AI must not

  • Must not formulate the imputations of concern
  • Must not assess whether serious harm is established or whether a defence is likely to succeed
  • Must not rely on platform dates or metrics without the capture showing them
  • Must not contact the publisher, poster or platform

The lawyer checks

  • The first-publication date is proved by the capture or other evidence, and the single publication rule has been applied to later republications
  • The limitation date, any 56-day extension and the need for a s 56A application are calculated and diarised
  • A corporate client is an excluded corporation and can show likely serious financial loss
  • The serious harm evidence is specific enough to particularise in the concerns notice

Method: how the Green, Yellow and Red levels are decided. This is guidance for planning, not legal advice.

Authorities

Read the full text

More in Defamation & Media Law

All precedents for Defamation & Media Law · Tasks and AI use in this area