Harvey v Henzell & Ors

[2015] QCA 261

Queensland Court of Appeal

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Interrogate

Catchwords

1. Defamation
2. › Defences
3. › Absolute privilege
4. › Statements made in judicial proceedings
5. › Statements made to family report writer pursuant to court order
6. › Whether statements made in the course of proceedings of an Australian court
7. › Defamation Act 2005 (Qld), s 27(2)(b)
1. Defamation
2. › Defences
3. › Absolute privilege
4. › Scope of privilege
5. › Whether report writer must exercise judicial function for privilege to attach
6. › Whether report must be received into evidence for privilege to attach
7. › Defamation Act 2005 (Qld), s 27
1. Practice and Procedure
2. › Pleadings
3. › Striking out
4. › Failure to particularise defamatory statements
5. › Whether pleadings disclosed reasonable cause of action
6. › Uniform Civil Procedure Rules 1999 (Qld), r 171
1. Practice and Procedure
2. › Appeals
3. › Leave to appeal
4. › Interlocutory decisions
5. › Whether appeal necessary to correct substantial injustice
6. › Whether reasonable argument of error
7. › District Court of Queensland Act 1967 (Qld), s 118(3)

Quick Take

Statements made to a family report writer pursuant to a court order in family law proceedings are made on an occasion of absolute privilege under s 27(2)(b) of the Defamation Act 2005 (Qld). The admissibility provision in s 11C of the Family Law Act 1975 (Cth) supports rather than undermines this privilege. There is no requirement that the report writer exercise judicial functions or that the report be received into evidence for the privilege to attach.