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Sydney Law School: Recent submissions

    • The concept of publication in defamation law 

      Rolph, David
      Published 2021
      Publication is an element of the tort of defamation. Increasingly, internet technologies raise difficult issues of publication. Because mass media technologies did not present doctrinal problems about the concept of ...
      Open Access
      Article
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    • Triviality, proportionality and the minimum threshold of seriousness in defamation law 

      Rolph, David
      Published 2019
      Dealing with trivial defamation claims has been of increasing concern in the United Kingdom, Australia and New Zealand. This is consistent with the need to deploy finite resources allocated to the civil administration of ...
      Open Access
      Article
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    • Irreconcilable differences? Interlocutory injunctions for defamation and privacy 

      Rolph, David
      Published 2012
      Interlocutory injunctions to restrain the publication of defamatory matter are rarely granted, as the High Court of Australia recently reaffirmed in Australian Broadcasting Corporation v O'Neill. This is one of the few ...
      Open Access
      Article
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    • No worries? Employers' duty of care for negligently inflicted stress 

      Rolph, David
      Published 2005
      In Koehler v Cerebos (Aust) Ltd, the High Court of Australia found that an employer did not owe a duty of care in negligence to an employee not to inflict a stress-related psychiatric injury on her. In reaching this ...
      Open Access
      Article
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    • A serious harm threshold for Australian defamation law 

      Rolph, David
      Published 2022
      The recent reforms to the national, uniform defamation laws introduced a new element to the plaintiff’s cause of action: serious harm to reputation. At the same time, the statutory defence of triviality was abolished. The ...
      Open Access
      Article
      View
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