Statements made to police in the ACT are protected only by qualified privilege, not absolute privilege, and malice will defeat that protection. The centrality of a document to proceedings and the malice of its author are relevant factors in determining whether special circumstances exist to modify the implied undertaking not to use documents obtained under subpoena. Under s 122 of the Civil Law (Wrongs) Act 2002 (ACT), a cause of action for defamation is extinguished upon the death of either party, even where judgment has been reserved but not yet delivered.
The full text is available to signed-in members, including the 10 later cases that cite this judgment.
2 of the 10 citing cases carry a classified treatment. How each court treated it is available to signed-in members.