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Broadly uniform defamation laws were introduced in the states and territories in early 2006, replacing an unusable system of eight different laws across the country.
Senator Hanson-Young alleges that Senator Leyonhjelm's comments
Allegations of promiscuity have already resulted in defamation payments in Australia, including a case in a South Australia District Court in 2014, which resulted in compensation of more than $ 170,000
. Holland, a media law expert at the Sydney University of Technology, said the likelihood of Senator Hanson-Young's reputation being hurt by the comments was "real" and "there is a very good chance that it succeeds. Courts have traditionally considered that promiscuity [allegations of] raising questions about one's badual morality, has the real potential to harm them, "said Mr. Holland.
It would be more difficult to prove that an allegation of misconduct was defamatory.
Sydney lawyer Richard Potter said it might be "difficult to draw effective imputations" from words used by Senator Leyonhjelm but "without a doubt". The lawyers "would focus on promiscuity and the immoral angle of it."
"There is a principle called" vulgar abuse "where violence is done by a person, but it can not be considered as really defamatory. "This will undoubtedly be presented as an argument – albeit offensive, but not defamatory."
Senator Leyonhjlem's media comments follow a heated debate in the Senate on violence against women, in which the Liberal Democrat Senator Hanson-Young told Senator Hanson-Young that she does not pursue Parliament's comments because they are protected by parliamentary privilege.
million. Gilbertson said, without commenting on the case, that "the elephant in the House was wondering if politicians should be protected in Parliament for having made a" personal injury "unrelated to parliamentary debate.
Senator Hanson-Young is expected to file his complaint by the end of the week. It is not yet clear whether it will be filed in the Supreme or Federal Court.
Any reward for damages will be given to charity. Plan International Australia, which is tackling harbadment and abuse of women in Australia and abroad, has been designated as one of the potential beneficiaries.
On Tuesday, he published the figures of a study of 2000 Australian girls and women of 35% among women aged 15 to 25, bad was considered an obstacle to political career, against 4% men. Less than five percent of women surveyed said the policy was a future career.
Michaela Whitbourn is a reporter for legal affairs and investigations of the Sydney Morning Herald
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