Section 10 — Defamation Act 2005 (NSW)

(1) A person (including a personal representative of a deceased person) cannot assert, continue or enforce a cause of action for defamation in relation to—
(a) the publication of defamatory matter about a deceased person (whether published before or after his or her death), or
(b) the publication of defamatory matter by a person who has died since publishing the matter.
(2) Subsection (1) does not prevent a court, if it considers it in the interests of justice to do so, from determining the question of costs for proceedings discontinued because of the subsection.

Related sections

• s 7 — Distinction between slander and libel abolished
• s 8 — Single cause of action for multiple defamatory imputations in same matter
• s 9 — Certain corporations do not have cause of action for defamation
• s 10A — Serious harm element of cause of action for defamation
• s 10B — Definitions
• s 10C — Exemption for digital intermediaries providing caching, conduit or storage services

Research how courts apply s 10

BriefBridge searches NSW and High Court caselaw by meaning — every answer cited to the paragraph.