Qld v O'Keefe

[2016] QCA 135

Queensland Court of Appeal

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Interrogate

Catchwords

1. Limitation of Actions
2. › Extension or postponement of limitation periods
3. › Defamation
4. › Whether not reasonable in the circumstances to have commenced action within one year
5. › Objective test under s 32A(2)
6. › Whether circumstances arising after expiry of limitation period relevant
7. › Limitation of Actions Act 1974 (Qld), ss 10AA, 32A
1. Limitation of Actions
2. › Extension or postponement of limitation periods
3. › Defamation
4. › Concurrent criminal proceedings arising from same factual matrix
5. › Whether existence of criminal charge renders it not reasonable to commence defamation proceedings within limitation period
6. › Limitation of Actions Act 1974 (Qld), s 32A(2)
1. Defamation
2. › Limitation period
3. › Extension of time
4. › Qualified privilege
5. › Police officer
6. › Internal investigation briefing note
7. › Limitation of Actions Act 1974 (Qld), s 32A

Quick Take

When applying the objective test under s 32A(2) of the Limitation of Actions Act 1974 (Qld), the court must focus on circumstances existing within the one-year limitation period, not circumstances arising after its expiry. However, concurrent criminal proceedings arising from the same factual matrix as the alleged defamation, combined with other pressures such as suspension from employment without remuneration, may satisfy the test that it was not reasonable to commence defamation proceedings within the limitation period. This does not apply automatically to every person facing criminal charges linked to a defamatory statement.