Section 12B of the Defamation Act 2005 (Qld), which requires a concerns notice before commencing defamation proceedings, does not apply to proceedings commenced in another State's courts. The provision is procedural, not substantive, for choice of law purposes. Accordingly, a plaintiff who commences defamation proceedings in a jurisdiction that does not require a concerns notice (such as Western Australia) is not required to comply with s 12B, even if Queensland substantive law is later determined to apply. The complexity of legal issues, inequality of resources between parties, and the risk of appeal do not constitute 'special circumstances' justifying postponement of the serious harm determination under s 10A(5).
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