263BAllegations in statements of claim generally

### 263B Allegations in statements of claim generally > [*\[Rule 263B of Part 7 Inserted by S.R. 2007, No. 23, Applied:02 May 2007\]*](/view/html/inforce/2007-05-02/sr-2007-023#GS7@EN) > > > (1)  A statement of claim seeking relief in relation to the publication of defamatory matter must not contain any allegation that the matter or its publication was false, malicious or unlawful. > > > (2)  A statement of claim seeking relief in relation to the publication of defamatory matter must – > > > > > > (a) subject to [subrule (3)](#GS263B@Gs3@EN) , specify each imputation on which the plaintiff relies; and > > > > > > > (b) allege that the imputation was defamatory of the plaintiff. > > > (3)  A plaintiff in proceedings for defamation must not rely on 2 or more imputations alleged to be made by the defendant by means of the same publication of the same matter unless the imputations differ in substance. > > > (4)  The particulars required by [rule 263A(1)](#GS263A@Gs1@EN) in relation to a statement of claim seeking relief in relation to the publication of defamatory matter must include the following: > > > > > > (a) particulars of any publication on which the plaintiff relies to establish the cause of action, sufficient to enable the publication to be identified; > > > > > > > (b) particulars of any publication, or circulation or distribution, of the matter complained of on which the plaintiff relies on the question of damages, sufficient to enable the publication, circulation or distribution to be identified; > > > > > > > (c) if the plaintiff alleges that the matter complained of had a defamatory meaning other than its ordinary meaning, particulars of the facts and matters on which the plaintiff relies to establish that defamatory meaning, including the following: > > > > > > > > > > (i) full and complete particulars of the facts and matters relied on to establish a true innuendo; > > > > > > > > > > > (ii) the class of persons, or the name of each person, to whom those facts and matters were known; > > > > > > > (d) if the plaintiff is not named in the matter complained of – > > > > > > > > > > (i) particulars of the identification of the plaintiff in the matter complained of; and > > > > > > > > > > > (ii) the class of persons, or name and address of each person, to whom any such particulars were known; > > > > > > > (e) particulars of each part of the matter complained of that is relied on by the plaintiff in support of each pleaded imputation. > > > (5)  The following documents must be filed and served with a statement of claim, or amended statement of claim, seeking relief in relation to the publication of defamatory matter and must be referred to in the statement of claim or amended statement of claim: > > > > > > (a) a legible photocopy of the original publication or, in the case of an internet, email or other computer-displayed publication, a printed copy of the original publication; > > > > > > > (b) a typescript, with numbered lines, of – > > > > > > > > > > (i) if the original publication is in English, the text of the original publication; or > > > > > > > > > > > (ii) if the original publication is not in English, a translation into English of the text of the original publication. > > > (6)  The particulars required by [rule 263A(1)](#GS263A@Gs1@EN) in relation to a statement of claim seeking relief in relation to the publication of defamatory matter about a corporation must include particulars of the facts, matters and circumstances on which the plaintiff relies to establish that the corporation is not precluded from asserting a cause of action for defamation. > > > (7)  The plaintiff must give – > > > > > > (a) particulars of facts, matters and circumstances on which the plaintiff will rely in support of a claim for aggravated damages; and > > > > > > > (b) particulars of facts, matters and circumstances on which the plaintiff will rely in support of a claim for exemplary damages; and > > > > > > > (c) particulars of any claim the plaintiff makes – > > > > > > > > > > (i) by way of special damages; or > > > > > > > > > > > (ii) for general loss of business or custom.