Do you reside in the Darwin, or elsewhere in the Northern Territory, and you’ve been defamed? Well, in this easy to read article, we provide a short overview of defamation law as it applies to residents in the Northern Territory.
Defamation in the Northern Territory (NT).
Defamation law in the NT exists in two (2) ways, both of which apply in their own way to a defamation claim. They are:
- The Defamation Act 2006 (NT); and
- The common law.
However, the Defamation Act 2006 (NT) was substantially amended in August 2025, to include the element of serious harm, amongst other things, so that the NT now aligns with most states and territories in Australia (except Wester Australia). The amendments were contained in the Defamation Legislation Amendment Act 2025 (NT).
What is defamation?
Defamation is a common law tort. In essence, it is a recognised civil action designed to provide protection to reputation and recourse (usually in the form of damages) for harm caused to a person’s reputation. It is restricted to natural persons, and certain body corporates (usually corporations).
The matters which must be proved on the balance of probabilities (unless the Briginshaw standard applies), are as follows:
- The defendant published material;
- The material identified the plaintiff;
- The material was defamatory (that is, it carried a defamatory imputation (a defamatory meaning); and
- The publication caused, or is likely to cause, serious harm to the plaintiff’s reputation.
What courts can hear a defamation claim in the NT?
In the Northern Territory, both the Local Court and the Supreme Court can hear and determine defamation claims. This is subject to the amount of damages sought by the plaintiff. If the amount sought is close to the statutory maximum under the Defamation Act 2005 (NT), the Supreme Court of the Northern Territory will be the correct court to commence and bring proceedings in.
What is the time limit for commencing a defamation claim?
The time limit for commencing a defamation claim in the NT is one (1) year from the date the matter is published. Usually, this can be determined easily by an appropriately qualified lawyer. However, in certain circumstances, it will not be as easy to identify the publication date.
I want to sue for defamation in the NT, what do I do?
You must first give the publisher (that is, the person who said or published the defamatory material about you), a concerns notice.
A concerns notice must be in writing and comply strictly with the statutory requirements under the Defamation Act 2006 (NT). It the concerns notice is defective, it will not be considered a concerns notice, and as such, any claim for defamation brought on the basis of the defective concerns notice will be liable to be struck out.
Service of the concerns notice
You must serve the concerns notice on the publisher, and thereafter, wait the applicable period, before you commence proceedings for defamation. Service of a concerns notice can be carried out in a variety of forms, but advice should be sort as to whether the service is sufficiently effective, and thus, constitutes service of the concerns notice for the purposes of the Defamation Act 2006 (NT).
Do you need a defamation lawyer in Darwin, or the Northern Territory?
At Allen Law, we have experience in advising and representing both plaintiffs and defendants in defamation matters in both Darwin and all around the Northern Territory.
If you are based in the Northern Territory and are need of a defamation lawyer that can assist you, get in touch today to see how we can help!
Phone: (03) 7020 6563
Email: enquiries@allenlawyers.com.au
Website: www.allenlawyers.com.au
Disclaimer: This article is general in nature and does not constitute legal advice. Please contact Allen Law for advice tailored to your particular situation.
