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Civil Law (Wrongs) Act 2002
124BDefamation proceedings cannot be commenced without
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124B Defamation proceedings cannot be commenced without
concerns notice
(1) An aggrieved person cannot commence defamation proceedings
unless—
(a) the person has given the proposed defendant a concerns notice
in relation to the matter concerned; and
(b) the imputations to be relied on by the person in the proposed
proceedings were particularised in the concerns notice; and
(c) the applicable period for an offer to make amends has elapsed.
(2) Subsection (1) (b) does not prevent reliance on—
(a) some, but not all, of the imputations particularised in a concerns
notice; or
(b) imputations that are substantially the same as those
particularised in a concerns notice.
(3) The court may grant leave for proceedings to be commenced despite
non-compliance with subsection (1) (c), but only if the proposed
plaintiff satisfies the court—
(a) the commencement of proceedings after the end of the
applicable period for an offer to make amends contravenes the
limitation law; or
(b) it is just and reasonable to grant leave.
(4) The commencement of proceedings contravenes the limitation law
for subsection (3) (a) if the proceedings could not be commenced after
the end of the applicable period for an offer to make amends because
the court will have ceased to have power to extend the limitation
period.
limitation law means the Limitation Act 1985.