In Australia, before a person who is aggrieved by a defamatory statement can commence proceedings in court (other than in Western Australia), they must first issue the publisher with a concerns notice Australia.

A concerns notice is a formal written legal document. It must comply with the law (for example, section 12A of the Defamation Act 2005 (SA)). You can view the legislation via the Federal Register of Legislation:
Here: Legislation

It is a critically important document, as it sets out the aggrieved person’s concerns, and also acts as the foundation of potential court proceedings if a satisfactory outcome is not forthcoming from the publisher.

The consequences of getting a concerns notice wrong are severe and can result in your claim being dismissed by a court.

If you would like a broader overview of defamation law in Australia, you can read more here:
what is defamation

In this article, we discuss how to draft a legally compliant and effective concerns notice Australia, to ensure that you have the best chance of resolving your dispute at an early stage — and, if necessary, setting the foundations for success in court.

Mandatory Components of a Compliant Concerns Notice Australia

To be compliant and legally effective, a concerns notice must:

• comply with the law;
• be in writing;
• specify the location where the defamatory statement can be accessed;
• inform the publisher of the defamatory imputations alleged to be carried and conveyed;
• inform the publisher of the serious harm caused or likely to be caused; and
• where applicable, inform the publisher of serious financial harm (for excluded corporations);
• if practicable, include a copy of the defamatory matter.

Be in Writing

The notice must be a written document. Although there is no prescribed form, it must be logically structured and clearly drafted.

There is no official template under the Defamation Act 2005, but strict statutory compliance is required.

Specify the Location of the Defamatory Matter

The concerns notice must inform the publisher of where the defamatory material can be accessed.

This may include:

• A link to a defamatory Google review
• A Facebook post URL
• An Instagram reel
• An online article
• An email dated a specific date

If your matter involves online publications such as Google reviews, you may also find helpful:
defamatory-google-reviews

Identify the Defamatory Imputations

This is the most legally technical part of drafting a concerns notice Australia.

An imputation is the defamatory meaning conveyed by the publication.

Imputations may arise:

• By natural and ordinary meaning;
• By context;
• By innuendo (where special knowledge exists).

It is critically important that all imputations are included in the concerns notice. If you later commence proceedings, you cannot add imputations that were not included.

For further reading on serious harm and imputations:
serious-harm-defamation-victoria

Inform the Publisher of Serious Harm

The concerns notice must inform the publisher of the serious harm caused, or likely to be caused, to reputation.

Serious harm relates to reputation — not hurt feelings, embarrassment or distress.

If the aggrieved party is a corporation, it must specify serious financial harm.

Attach a Copy of the Defamatory Matter (If Practicable)

Where possible, a copy of the defamatory matter should be included.

This may include:

• Screenshots
• Printed copies
• USB copies (for video content)
• Electronic attachments

Step-by-Step Guide to Drafting a Concerns Notice Australia

Step 1: Gather Evidence

Before drafting, gather:

• Copies of the defamatory matter
• URLs or links
• Publisher usernames or contact details
• Publication dates
• Screenshots showing reactions, comments, shares

Evidence preservation is critical, particularly for online publications that may later be deleted.

Step 2: Begin Drafting the Concerns Notice

Clearly identify:

• The publication you are aggrieved by;
• The date of publication;
• The publisher responsible.

Use clear, precise and structured language.

Step 3: Specify Where the Matter Can Be Located

Be precise.

Examples:

For an email:
“The email dated 27 March 2025 can be accessed by logging into your email account.”

For a Facebook post:
“The Facebook post dated 27 March 2025 can be accessed at the following URL: www.facebook.com/examplepost”

If the matter has been deleted, state that clearly.

Step 4: Craft the Imputations

This is highly technical.

Best practice:

• Read the material multiple times
• Identify strong defamatory meanings
• Consider the perspective of an ordinary reasonable person
• Avoid cherry-picking

Crafting imputations is one of the most common reasons why concerns notices fail.

Step 5: Describe the Serious Harm

Explain:

• The reputational consequences
• Changes in how others treat you
• Financial impact (if applicable)

Remember: It is harm to reputation — not personal feelings.

Step 6: Attach the Defamatory Material

If reasonably possible, include a copy.

If not possible (for example, oral statements), explain why.

Step 7: Serve the Concerns Notice

Concerns notices are usually served by:

• Post
• Email
• Personal service

The essential requirement is that the publisher is made aware of the notice.

Common Pitfalls in Drafting a Concerns Notice Australia

Some common mistakes include:

• Non-compliance with statutory requirements
• Insufficient particulars of serious harm
• Poorly drafted imputations
• Commencing proceedings before the applicable period expires

If proceedings are commenced without a compliant concerns notice, the claim may be struck out.

Checklist for a Legally Compliant Concerns Notice

• Is the concerns notice in writing?
• Does it specify where the matter can be accessed?
• Are the imputations clearly set out?
• Is serious harm explained?
• Is a copy attached (if practicable)?

Frequently Asked Questions

Is a concerns notice always required in Australia?

In most Australian jurisdictions (except Western Australia), you must issue a concerns notice before commencing defamation proceedings.

What happens if a concerns notice is not compliant?

If a concerns notice does not comply with statutory requirements, any subsequent proceedings may be struck out or summarily dismissed, often with an adverse costs order.

Can a concerns notice relate to oral statements?

Yes. A concerns notice can inform a publisher about defamatory oral statements.

What is the applicable period in defamation law?

The applicable period is the minimum time that must pass after serving a concerns notice before commencing proceedings. It allows the publisher time to consider resolution.

Is there a prescribed form for a concerns notice?

No. There is no prescribed form, but the concerns notice must comply with statutory requirements under the relevant Defamation Act.

Need Help Drafting a Concerns Notice?

If you need assistance drafting a concerns notice Australia, Allen Law can help.

We regularly advise and represent plaintiffs and defendants in defamation matters across Australia.

For broader defamation advice:
Defamation Service