Under s 26 of the Defamation Act 2005 (Qld), the defence of contextual truth requires the jury to consider all defamatory imputations complained of by the plaintiff (including those found substantially true) against the substantial truth of the contextual imputations, and does not require the defendant to prove that contextual imputations are defamatory. A court may not order indemnity costs on the basis that it would have been reasonable for a plaintiff to accept a settlement offer where the court has found the plaintiff's failure to accept was not unreasonable.
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