Serious harm considered again in Newman v Whittington [2022] NSWSC 249

In February 2022, the Supreme Court of New South Wales became the first Australian superior Court to consider the Australian ‘serious harm’ element to the cause of action for defamation, which was introduced by the Model Defamation Amendment Provisions in July 2021. The Court held that section 10A of the Defamation Act 2005 (NSW) removes the common law presumption of damage and makes serious harm a necessary element of the cause of action. Thus, in every case to which the section applies, a plaintiff must prove serious harm as a fact.