How long do I have to sue for defamation in Australia?

You have 1 year from the date of publication to commence defamation proceedings. In some cases this can be extended to 3 years. Before commencing proceedings you must first serve a concerns notice on the publisher.

What is a concerns notice in defamation?

A concerns notice is a written notice you must send to the publisher before starting court proceedings. It identifies the publication, states the defamatory meanings you say arise, describes the harm suffered, and gives the publisher 28 days to respond with an offer to make amends.

Can I sue someone for defamation on social media?

Yes. A social media post that is published to at least one other person, identifies you, and carries a meaning that damages your reputation can be defamatory. The same legal principles apply to social media as to traditional media.

How much can I get in defamation damages?

Non-economic damages for defamation in Australia are capped at $500,000 (2025-26). Aggravated damages may be awarded on top of the cap in cases of particularly serious conduct. Economic loss (such as lost income) can also be claimed without a cap.

Defamation in Australia: What You Need to Know

When someone publishes something that damages your reputation.

Time limit: You have 1 year from the date of publication to commence defamation proceedings. In some cases this can be extended to 3 years. Do not delay seeking legal advice.

What is defamation?

Defamation occurs when someone publishes material that conveys a meaning (called an "imputation") that damages your reputation in the eyes of ordinary reasonable members of the community. Publication can include:

Social media posts, comments, or messages
Newspaper or online articles
Emails sent to third parties
Spoken words (slander) heard by others
Reviews on Google, Facebook, or other platforms

What you must prove

To succeed in a defamation claim, you must establish:

1. Publication

The material was communicated to at least one person other than you. Even a single social media post visible to others counts.

2. Identification

The material identifies you, either by name or in a way that people who know you would understand it refers to you.

3. Defamatory meaning

The material carries a meaning that would lower your reputation in the estimation of ordinary reasonable members of the community.

Steps to take

Collect evidence of the publication

Screenshot or save the defamatory material immediately. Include the URL, date, time, and who could see it. Posts can be deleted — preserve evidence before it disappears.

Get legal advice on your prospects

Defamation proceedings are expensive and the loser usually pays the winner's costs. Get advice from a defamation lawyer before committing to legal action. Legal Aid can provide initial guidance.

Send a concerns notice

Before you can start court proceedings, you must send a written concerns notice to the publisher. See the "Concerns notice" section below for what it must contain.

Wait 28 days for a response

The publisher has 28 days to respond with an offer to make amends. If they make a reasonable offer, consider accepting it — court proceedings are costly and uncertain.

If unresolved, commence proceedings

If no offer is made, or the offer is inadequate, you may file a claim in court. In Queensland, defamation claims are filed in the Supreme Court (no monetary limit) or District Court (up to $750,000).

Common defences

Even if you prove defamation, the publisher may raise defences including:

Truth (justification) — the published material was substantially true
Honest opinion — it was a genuine opinion based on proper material
Qualified privilege — the publisher had a duty or interest in communicating the information and the recipient had a corresponding interest in receiving it
Innocent dissemination — the publisher had no knowledge of the defamatory content (e.g. an internet platform)
Triviality — the circumstances were such that you were unlikely to sustain any real harm

Concerns notice

Under the Defamation Act 2005 (Qld), before commencing proceedings you must give the publisher a concerns notice. This is a written notice that:

Identifies the publication
States the defamatory imputations you say arise
States the harm you have suffered
Gives the publisher a reasonable opportunity to make an offer to make amends

The publisher then has 28 days to respond. If they make a reasonable offer to make amends and you reject it, this limits your remedies. If they do not respond or the offer is inadequate, you may commence proceedings.

Remedies

Damages

Compensation for harm to your reputation, distress, and economic loss. Capped at $500,000 (2025-26) for non-economic loss unless aggravated damages apply.

Injunction

A court order requiring the publisher to remove the material and not republish it.

Practical considerations

Costs risk: Defamation proceedings are expensive. If you lose, you may be ordered to pay the other side's legal costs, which can be substantial. Consider whether the matter can be resolved by a concerns notice before commencing proceedings.

Search for similar cases

See how courts have decided defamation disputes:

Social media defamation Qualified privilege Concerns notice

Related guides

Employment Disputes

Workplace defamation claims often overlap with employment law.

Neighbour Disputes

Neighbour conflicts sometimes involve defamatory statements.

This guide is general information only, not legal advice. Defamation law is complex and fact-specific. You should seek legal advice before sending a concerns notice or commencing proceedings. Contact Legal Aid or a defamation lawyer.