The objective test for common law qualified privilege requires assessment of whether a duty or interest to communicate exists independently of the publisher's subjective motivation. Statutory absolute privilege under s 17J of the Defamation Act 1974 (NSW) for communications to the Legal Services Commissioner requires that the publication be genuinely for the purpose of making or investigating a complaint, and a finding that the dominant purpose was to intimidate the recipient into a collateral advantage may defeat the defence. Where a party participates in a s 7A jury trial without seeking findings on publication, the issue of publication cannot be reopened on appeal.
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