Section 122A of the Civil Law (Wrongs) Act 2002 (ACT) provides two distinct avenues for early determination of the serious harm element: determination on the pleadings alone under s 122A(7), and final determination on the evidence as a separate question under s 122A(3). Where the serious harm element is determined on the evidence as a separate question and the plaintiff fails, the proceedings must be dismissed. Plaintiffs alleging serious harm to reputation from social media publications must adduce fact-rich evidence of actual impact, including evidence of causation, rather than relying on bare assertions of avoidance or unsupported financial figures.
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