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Concerns Notices

The Defamation Act 2005 (SA) provides a streamlined approach to resolve disputes without litigation and to encourage speedy settlement.

An aggrieved person must give the publisher a concerns notice before commencing court action.

The concerns notice must [s 12A]:

  • be in writing
  • specify the location of the defamatory matter (for example, a webpage address)
  • include a copy of the defamatory matter where practicable
  • set out the defamatory imputations the aggrieved person considers are carried by the publication
  • explain the serious harm the aggrieved person considers is caused or is likely to be caused to their reputation by the publication.

An excluded corporation (a corporation that is eligible to sue in defamation) must also outline the financial loss they consider is caused or is likely to be caused by the publication [s 12A(1)(a)(v)].

A publisher may ask the aggrieved person to provide further particulars within 14 days [s 12A(4)]. If the aggrieved person fails to provide the particulars within the timeframe, the concerns notice is taken not to have been given [s 12A(5)].

    Concerns Notices  :  Last Revised: Tue Dec 16th 2025
    The content of the Law Handbook is made available as a public service for information purposes only and should not be relied upon as a substitute for legal advice. See Disclaimer for details. For free and confidential legal advice in South Australia call 1300 366 424.