If you believe your reputation has been damaged by defamatory material—whether in print, online, broadcast, or spoken form—it’s essential to act fast. At Allen Law, we are experts in defamation law and understand that one of the most critical elements of a successful defamation claim in Australia is timing.
Why Time Is Crucial in Defamation Proceedings
Under Australian law, the limitation period for defamation claims is strictly one (1) year from the date of publication of the defamatory material. This short timeframe makes it vital to seek legal advice as soon as you become aware of a potentially defamatory statement.
Unlike other areas of civil litigation, defamation law involves complex pre-action steps. A failure to comply with these mandatory procedures—such as serving a concerns notice—can result in your case being struck out by the court. Delays can lead to unnecessary costs, wasted time, and, ultimately, the loss of your legal rights.
At Allen Law, we are experienced in navigating these pre-litigation requirements and acting swiftly to protect your interests.
What Is Considered ‘Publication’?
The one-year clock begins from the date of publication, but understanding what constitutes “publication” is not always straightforward. It may involve:
- An article in a newspaper or magazine
- A social media post (e.g., Facebook, Instagram, X/Twitter)
- A broadcast on television, radio, or podcast
- A comment on a website or forum
- A circulated email or message
Often, defamatory material is published online, where it can be modified, shared, or re-published. Each of these actions may trigger a new cause of action depending on the circumstances. Determining the actual date of publication can be legally complex—and this is why early legal intervention is key.
Can the Limitation Period Be Extended?
Yes, but only in exceptional circumstances. Australian defamation laws allow the courts to grant an extension of the limitation period to a maximum of three (3) years, but this is not automatic.
The plaintiff must demonstrate that it was not reasonable to commence proceedings within the original 12-month period. Courts will consider various factors, including:
- The plaintiff’s awareness of the defamatory matter
- Whether legal advice was sought promptly
- Whether there were other ongoing legal proceedings
- The prejudice likely to be suffered by the defendant
One recent example that highlights how courts handle time extension applications is the high-profile case of Lehrmann v Network Ten Pty Ltd (Limitation Extension) [2023] FCA 375.
Case Study: Lehrmann v Network Ten
Bruce Lehrmann sought to sue Network Ten and journalist Lisa Wilkinson for defamation following an episode of The Project broadcast in February 2021. However, his defamation proceedings were filed outside the standard 12-month window.
The Federal Court granted an extension of time, acknowledging that it would not have been reasonable for Lehrmann to commence a defamation suit while criminal charges were pending regarding the same allegations. Pursuing civil litigation during active criminal proceedings would have potentially prejudiced his defence, especially since a defendant in a criminal case cannot be compelled to give evidence unless they choose to.
While Lehrmann was ultimately unsuccessful in his defamation claim, his successful time extension application underlines that courts will make allowances in exceptional and complex legal circumstances.
Still, it is important to note that such extensions are rare and require careful legal strategy. At Allen Law, we offer expert guidance to help you assess whether your circumstances may justify an extension of time.
What You Should Do If You Believe You’ve Been Defamed
If you suspect that you have been defamed—whether through media, social media, or other publication—you should:
- Preserve all evidence: Take screenshots, save URLs, and note dates of publication.
- Avoid responding publicly: Any response may affect your legal position.
- Seek legal advice immediately: Early legal intervention improves your chances of a successful outcome.
We at Allen Law offer prompt, strategic advice in defamation matters and understand the urgency and sensitivity required.
Why Choose Allen Law for Defamation Claims
Allen Law is a modern, specialist litigation firm with a deep focus on reputation law, including both personal and corporate defamation. Whether you are an individual whose reputation has been harmed or a business falsely accused in public forums, we help you understand your rights and act decisively.
Our legal team provides:
- Clear and practical advice
- Skilled negotiation with media organisations and online platforms
- Representation in pre-litigation procedures
- Aggressive courtroom advocacy, when necessary
- Assistance with limitation period extensions, if your case involves delays
Contact Us Today – Don’t Delay
Don’t risk your legal rights by delaying action. If you need help with a defamation matter or want advice on an extension of time application, contact us now:
📧 Email: lee@allenlawyers.com.au
📞 Phone: (03) 7020 6563
🌐 Web: www.allenlawyers.com.au
Your reputation matters. Allen Law is here to help you protect it—swiftly, strategically, and effectively.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. You should not rely on this as a substitute for advice from a qualified lawyer. Every case is different, and the law may change.
