Tasmanian Numbered Regulations

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SUPREME COURT RULES 2000 (S.R. 2000, NO. 8) - REG 239

Pleadings in defamation actions
(1)  Notwithstanding rule 238 , if a defendant in an action for defamation pleads any of the matters contained in section 13 , 14 or 17 of the Defamation Act 1957 , a plaintiff who intends to allege that the defendant was actuated by express malice must deliver a reply giving particulars of the facts and matters from which the malice is to be inferred.
(2)  A defendant in an action for defamation who pleads a defence under section 14 or 15 of the Defamation Act 1957 is to plead –
(a) which of the words complained of are alleged to be statements of fact; and
(b) the facts and matters relied on for the allegation that the words are true.
(3)  A plaintiff in an action for defamation who alleges that the words or matter complained of were used in a defamatory sense other than their ordinary meaning is to plead particulars of the facts and matters relied on in support of that allegation.



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