The Evolution and Devolution of the Offer to Make Amends Regime in Australian Defamation Law

(2023) UNSW Law Journal (Forthcoming)

33 Pages Posted: 10 Jan 2023

See all articles by Michael Douglas

Michael Douglas

The University of Western Australia Law School

Catherine Graville

Independent

Robyn Carroll

University of Western Australia

Date Written: January 9, 2023

Abstract

This article considers the development of the offer to make amends regime in Australian defamation law. It traces the evolution of the regime from the UK provisions that inspired piecemeal reform in Australia; to the 2005 model achieved by the so-called Uniform Defamation Acts; to the model created by 2021 amendments to the Model Defamation Provisions, now in force throughout much of Australia, which has altered the balance of the 2005 regime. While much of this development manifested an increasing concern by legislators to encourage parties to defamation disputes to resolve their differences without litigation, the 2021 amendments are perhaps distinguishable. The article analyses the new regime, arguing that it may lead to the protraction of defamation disputes, and undermines the objects of the Uniform Defamation Acts.

Keywords: Defamation, dispute resolution, alternative dispute resolution, apologies, torts

Suggested Citation

Douglas, Michael and Graville, Catherine and Carroll, Robyn, The Evolution and Devolution of the Offer to Make Amends Regime in Australian Defamation Law (January 9, 2023). (2023) UNSW Law Journal (Forthcoming), Available at SSRN: https://ssrn.com/abstract=4320490 or http://dx.doi.org/10.2139/ssrn.4320490

Michael Douglas (Contact Author)

The University of Western Australia Law School ( email )

M253
35 Stirling Highway
Crawley, Western Australia 6009
Australia

HOME PAGE: http://www.web.uwa.edu.au/person/michael.c.douglas

Catherine Graville

Independent ( email )

Robyn Carroll

University of Western Australia ( email )

M253
35 Stirling Highway
Crawley, Western Australia 6009
Australia

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