If Bruce Lehrmann proceeds with defamation action, how would it differ from the aborted criminal case? | Dean Levitan

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While Australia’s defamation laws are notoriously slanted in favour of plaintiffs, Lehrmann would need to overcome a number of obstacles

Bruce Lehrmann reportedly has his sights set on possible defamation action against media outlets and personalities, including the ABC and Lisa Wilkinson.Bruce Lehrmann reportedly has his sights set on possible defamation action against media outlets and personalities, including the ABC and Lisa Wilkinson.

In the criminal case, the prosecutors were required to satisfy a jury of 12 people that the allegations were true beyond reasonable doubt. Conversely, if the defendants in the defamation case pleaded a truth defence, they would only need to prove the allegations to be substantially true on the balance of probabilities – a lower threshold than the criminal standard.

While Australia’s defamation laws are notoriously slanted in favour of plaintiffs, such that Sydney has been commonly coined the defamation capital of the world, Lehrmann would need to overcome a number of significant obstacles to open the door to a defamation case.

 

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Tame, Wilkinson (and its husband), The project, ABC, Logies... all should be sued!

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