Limitation of Actions Act 1936

This section applies if—

a person (the first publisher) publishes matter to the public that is alleged to be defamatory (the first publication); and

the first publisher or an associate of the first publisher subsequently publishes (whether or not to the public) matter that is substantially the same.

Any cause of action for defamation against the first publisher or an associate of the first publisher in respect of the subsequent publication is to be treated as having accrued on the date of the first publication for the purposes of determining when—

the limitation period applicable under section 37 begins; or

the 3-year period referred to in section 37B(2) begins.

Subsection (2) does not apply in relation to the subsequent publication if the manner of that publication is materially different from the manner of the first publication.

In determining whether the manner of a subsequent publication is materially different from the manner of the first publication, the considerations to which the court may have regard include (but are not limited to)—

the level of prominence that a matter is given; and

the extent of the subsequent publication.

This clause does not limit the power of a court under section 37B to extend the limitation period applicable under section 37.

In this clause—

an employee of the publisher; or

a person publishing matter as a contractor of the publisher;

an associated entity (within the meaning of section 50AAA of the