This Part applies to proceedings commenced by statement of claim and to proceedings in which a statement of claim has been filed.
Division 2 Defence and further pleadings
14.2 Trial without further pleadings
(cf SCR Part 15, rule 2)
(1) If in the opinion of the court:(a) the issues between the parties can be defined without further pleadings, or(b) for any other reason the proceedings may properly be tried without further pleadings,the court may order that the proceedings be so tried.(2) A court that makes an order under subrule (1) may direct the parties to prepare a statement of the issues involved in the proceedings or, if the parties do not agree on a statement, may settle a statement itself.
(cf SCR Part 15, rule 3; DCR Part 10, rule 1; LCR Part 9, rule 1)
(1) Subject to these rules, the time limited for a defendant to file a defence is 28 days after service on the defendant of the statement of claim or such other time as the court directs for the filing of a defence.(2) If, before the defendant files a defence, a notice of motion for summary judgment under rule 13.1 is served on the defendant, but the court does not on that motion dispose of all of the claims for relief against the defendant, the court may fix a time within which the defendant must file a defence.Note. See rule 9.11 (2) under which a defence to a cross-claim for contribution under section 5 of the Law Reform (Miscellaneous Provisions) Act 1946 may not be filed unless the court so directs.
(cf SCR Part 15, rule 4)
(1) In proceedings in the Supreme Court or the District Court, a plaintiff may file a reply to a defence.(2) In proceedings in the Local Court, a plaintiff may file a reply to a defence only by leave of the Court.(3) The time limited for the plaintiff to file a reply is 14 days after service of the defence on the plaintiff.
(cf SCR Part 15, rule 5)
(1) Except by leave of the court, a party to proceedings may not file any pleading subsequent to a reply.(2) The time limited for a party to seek leave to file a pleading subsequent to a reply (the further pleading) is 14 days after service on the party of the pleading to which further pleading responds.
Division 3 Form of pleading generally
14.6 Pleadings to be divided into paragraphs
(cf SCR Part 15, rule 6; DCR Part 9, rule 2)
If a pleading alleges or otherwise deals with several matters:(a) the pleading must be divided into paragraphs, and(b) each matter must, so far as convenient, be put in a separate paragraph, and(c) the paragraphs must be numbered consecutively.
14.7 Pleadings to contain facts, not evidence
(cf SCR Part 15, rule 7; DCR Part 9, rule 3)
Subject to this Part, Part 6 and Part 15, a party’s pleading must contain only a summary of the material facts on which the party relies, and not the evidence by which those facts are to be proved.
(cf SCR Part 15, rule 8; DCR Part 9, rule 4)
A pleading must be as brief as the nature of the case allows.
14.9 References in pleadings to documents and spoken words
(cf SCR Part 15, rule 9; DCR Part 9, rule 5)
If any documents or spoken words are referred to in a pleading:(a) the effect of the document or spoken words must, so far as material, be stated, and(b) the precise terms of the document or spoken words must not be stated, except so far as those terms are themselves material.
14.10 Certain facts need not be pleaded
(cf SCR Part 15, rule 10; DCR Part 9, rule 6)
A party need not plead a fact if:(a) the fact is presumed by law to be true, or(b) the burden of disproving the fact lies on the opposite party,except so far as may be necessary to meet a specific denial of that fact by another party’s pleading.
14.11 Conditions precedent presumed to have been met
(cf SCR Part 15, rule 11; DCR Part 9, rule 7)
If it is a condition precedent necessary for a party’s case in any pleading that:(a) a thing has been done, or(b) an event has happened, or(c) a state of affairs exists, or has existed at some time or times, or(d) the party is ready and willing, or was at all material times ready and willing, to perform an obligation,a statement to the effect that the condition has been satisfied is taken to be implied in the party’s pleading.
14.12 Pleading of facts in short form in certain money claims
(cf SCR Part 15, rule 12; DCR Part 9, rule 8)
(1) Subject to this rule, if the plaintiff claims money payable by the defendant to the plaintiff for any of the following:(a) goods sold and delivered by the plaintiff to the defendant,(b) goods bargained and sold by the plaintiff to the defendant,(c) work done or materials provided by the plaintiff for the defendant at the defendant’s request,(d) money lent by the plaintiff to the defendant,(e) money paid by the plaintiff for the defendant at the defendant’s request,(f) money had and received by the defendant for the plaintiff’s use,(g) interest on money due from the defendant to the plaintiff, and forborne at interest by the plaintiff at the defendant’s request,(h) money found to be due from the defendant to the plaintiff on accounts stated between them,it is sufficient to plead the facts concerned in short form (that is, by using the form of words set out in the relevant paragraph above).(2) The defendant may file a notice requiring the plaintiff to plead the facts on which he or she relies in full (that is, in accordance with the provisions of this Part other than this rule).(3) Such a notice must be filed within the time limited for the filing of the defence.(4) If the defendant files a notice under this rule:(a) the plaintiff must, within 28 days after service of the notice:(i) file an amended statement of claim pleading the facts on which he or she relies in full, and(ii) include in the amended statement of claim a note to the effect that the statement has been amended in response to the notice, and(b) if a defence has not been filed, the time limited for the filing of defence is extended until 14 days after service on the defendant of the plaintiff’s amended statement of claim.
14.13 Pleading not to claim an amount for unliquidated damages
(cf SCR Part 15, rule 12A; LCR Part 5, rule 1)
(1) A pleading must not claim an amount for unliquidated damages.(2) Despite subrule (1), a pleading in proceedings in the District Court or in the Local Court may claim an amount for unliquidated damages if:(a) the claim is for the recovery of:(i) the cost of repair to a motor vehicle, or(ii) the value, less any salvage value, of a motor vehicle, or(iii) the towing of a motor vehicle,where the repair, loss or towing is a consequence of damage alleged to have been sustained as a result of the negligence of the defendant or the defendant’s servant or agent, or(b) the claim is for the recovery of:(i) the cost of repair to property other than a motor vehicle, or(ii) the value, less any salvage value, of property other than a motor vehicle,where the repair or loss is a consequence of damage alleged to have been sustained as a result of the negligence of the defendant or the defendant’s servant or agent in driving, riding or controlling a motor vehicle.(3) In subrule (2), a reference to a motor vehicle is a reference to a motor vehicle within the meaning of the Motor Accidents Compensation Act 1999, and includes a reference to a trailer within the meaning of that Act.
14.14 General rule as to matters to be pleaded specifically
(cf SCR Part 15, rule 13; DCR Part 9, rule 9)
(1) In a statement of claim, the plaintiff must plead specifically any matter that, if not pleaded specifically, may take the defendant by surprise.(2) In a defence or subsequent pleading, a party must plead specifically any matter:(a) that, if not pleaded specifically, may take the opposite party by surprise, or(b) that the party alleges makes any claim, defence or other case of the opposite party not maintainable, or(c) that raises matters of fact not arising out of the preceding pleading.(3) Matters which must be pleaded pursuant to subrule (2) include (but are not limited to) fraud, performance, release, statute of limitation, extinction of right or title, voluntary assumption of risk, causation of accident by unknown and undiscoverable mechanical defect and facts showing illegality.
14.15 Pleadings concerning possession of land
(cf SCR Part 15, rule 15)
(1) This rule applies to proceedings on a claim for possession of land.(2) The plaintiff must plead specifically the following matters:(a) the nature of any instrument (such as a certificate of title, conveyance, will, trust instrument, mortgage or lease) from which the plaintiff’s claim is alleged to be derived,(b) if any such instrument is alleged to impose an obligation on the defendant whose breach has given rise to the plaintiff’s claim (such as an obligation to pay money to the plaintiff), the existence of that obligation and the occurrence of any such breach,(c) if any such instrument is alleged to confer a right on the plaintiff that vests at a specified time or is contingent on the occurrence of a specified event, the existence of that right and the occurrence of any such time or event,(d) if the plaintiff’s right to possession arises from the defendant’s failure to pay money to the plaintiff, particulars of the date on which the failure began, the amount of money currently unpaid and the method by which that amount has been calculated,(e) if the plaintiff’s right to possession arises from any other act or omission by the defendant, particulars of the date on which the act or omission occurred and the nature of the act or omission,(f) if the plaintiff’s right to possession is not exercisable until the plaintiff has given notice to the defendant of the plaintiff’s intention to exercise that right, the date on which, and the terms in which, such notice was given.(3) The defendant must plead specifically every ground of defence on which he or she relies, including:(a) any claim for relief against forfeiture, and(b) any claim for rectification, and(c) any claim for relief under the Contracts Review Act 1980,and it is not sufficient for a defendant to merely state that he or she is in possession of the land (whether personally or by a tenant) and relies on that possession.
14.16 Defendant’s pleading of contributory negligence
(cf SCR Part 15, rule 14; DCR Part 9, rule 10)
A defendant who relies on contributory negligence must plead specifically the contributory negligence.
14.17 New matter may be raised in pleading
(cf SCR Part 15, rule 16; DCR Part 9, rule 11)
A party may plead any matter even if the matter has arisen after the commencement of the proceedings.
14.18 Pleadings to be consistent as to allegations of fact
(cf SCR Part 15, rule 17; DCR Part 9, rule 12)
(1) A party must not in any pleading make an allegation of fact, or raise any ground or claim, inconsistent with any of his or her previous pleadings.(2) Subrule (1) does not affect the right of a party to make allegations of fact, or raise grounds or claims, in the alternative.
14.19 Pleadings may raise points of law
(cf SCR Part 15, rule 18; DCR Part 9, rule 13)
A pleading may raise any point of law.
14.20 Pleading the general issue
(cf SCR Part 15, rule 27)
A pleading may not plead the general issue.
14.21 Pleadings concerning claims under Property (Relationships) Act 1984
A pleading with respect to a claim for relief under section 20 (1) of the Property (Relationships) Act 1984 must plead specifically any contribution referred to in that subsection on which the plaintiff relies.
Division 4 Verification of pleadings
14.22 Pleadings in proceedings for defamation, malicious prosecution, false imprisonment, death and personal injury
(cf SCR Part 15, rule 23 (16) and (17))
(1) This Division does not apply to pleadings in proceedings for the recovery of damages for:(a) defamation, or(b) malicious prosecution, or(c) false imprisonment, or(d) trespass to the person, or(e) death, or(f) personal injury.(2) Despite subrule (1), the court may order that this Division is to apply to any or all pleadings in any such proceedings (including pleadings filed before the order is made) with such variations (if any) as the court may direct.
14.23 Verification of certain pleadings
(cf SCR Part 15, rule 23 (1)–(7); DCR Part 10, rule 2 (1)–(6))
(1) This rule applies to proceedings in the Supreme Court and the District Court.(2) A party’s pleading (including any amendment of the pleading) must be verified by affidavit.Note. See rule 35.3 as to who may make such an affidavit.(3) The affidavit verifying a pleading must state:(a) as to any allegations of fact in the pleading, that the deponent believes that the allegations are true, and(b) as to any allegations of fact that the pleading denies, that the deponent believes that the allegations are untrue, and(c) as to any allegations of fact that the pleading does not admit, that after reasonable inquiry the deponent does not know whether or not the allegations are true.(4) If the deponent is unable to make an affidavit that complies with subrule (3) in relation to all parts of a pleading, the affidavit may comply with so much of that subrule as can be complied with and state why the affidavit does not comply with the remainder of that subrule.(5) Subject to any order of the court, an affidavit made in accordance with subrule (4) is taken to comply with subrule (3).(6) Unless the court otherwise orders, the affidavit verifying a pleading must be subscribed to the pleading.
14.24 Court may order pleadings to be further verified
(cf SCR Part 15, rule 23 (8)–(14); DCR Part 10, rule 2 (7)–(10))
(1) Within 14 days after service of an affidavit under rule 14.23 in relation to a pleading, a party may apply to the court for a direction that the party pleading verify or further verify the pleading and for such other directions as may be appropriate.(2) If a party applies to the court under subrule (1), the court may direct the party pleading to file such further affidavit (if any), by such deponent and as to such facts as the court may determine.(3) The court may, by order, grant leave to a party to file, instead of an affidavit complying with rule 14.23 (3), an affidavit by such deponent and as to such facts as the court may determine.
(cf SCR Part 15, rule 24; DCR Part 10, rule 1A; LCR Part 9, rule 1)
(1) If, in proceedings on a liquidated claim, a defence of tender before commencement of the proceedings is pleaded, the tender is not available as a defence unless and until the amount has been paid into court.(2) In the case of a tender to which section 224 of the Customs Act 1901 of the Commonwealth applies:(a) subrule (1) does not apply to a defence that pleads the tender, and(b) the amount tendered may be paid into court when the defence is filed.(3) On paying the money into court, the defendant must file notice of the payment into court and serve the notice on each other party to the proceedings.(4) The plaintiff may accept the money by filing a notice of acceptance.(5) If the plaintiff accepts the money, the proceedings are to be stayed in relation to the defence of tender.(6) Whether or not accepted, the money must not be paid out except by order of the court.
14.26 Admission and traverse from pleadings
(cf SCR Part 15, rule 20, Part 63, rule 9; DCR Part 9, rule 14, Part 45, rule 9)
(1) An allegation of fact made by a party in a pleading is taken to be admitted by any opposite party required to plead in response unless:(a) in the pleading in response, the opposite party traverses the allegation, or(b) a joinder of issues under rule 14.27 operates as a denial of the allegation.(2) A traverse may be made by denial or by a statement of non-admission, either expressly or by necessary implication, and either generally or as to any particular allegation.(3) Despite subrule (1), a pleading in response to a pleading that alleges the suffering of damage or an amount of damages is taken to traverse the allegation unless it specifically admits the allegation.(4) Subrule (1) does not apply to an opposite party who is a person under a legal incapacity.
(cf SCR Part 15, rule 21; DCR Part 9, rule 15)
(1) A pleading may expressly join issue on a previous pleading.(2) If there is no reply by a plaintiff to a defence, there is an implied joinder of issue on that defence.(3) If there is no answer by the opposite party to a reply or subsequent pleading, there is an implied joinder of issue on the reply or subsequent pleading.(4) There can be no joinder of issue, express or implied, on a statement of claim.(5) An implied joinder of issue on a pleading operates as a denial of every allegation of fact made in the pleading.(6) An express joinder of issue on a pleading operates as a denial of every allegation of fact made in the pleading other than an allegation that is expressly admitted.
14.28 Circumstances in which court may strike out pleadings
(cf SCR Part 15, rule 26; DCR Part 9, rule 17; LCR Part 8, rule 3)
(1) The court may at any stage of the proceedings order that the whole or any part of a pleading be struck out if the pleading:(a) discloses no reasonable cause of action or defence or other case appropriate to the nature of the pleading, or(b) has a tendency to cause prejudice, embarrassment or delay in the proceedings, or(c) is otherwise an abuse of the process of the court.(2) The court may receive evidence on the hearing of an application for an order under subrule (1).
14.29 Defence of extinction of right or title
(cf SCR Part 5, rule 5B)
For the purposes of section 68A of the Limitation Act 1969, a claim by the defendant that a right or title has been extinguished under Division 1 of Part 4 of that Act may be made by affidavit or by notice.
Division 6 Pleadings concerning defamation
Note. The Defamation Act 2005 applies to the publication of defamatory matter after the commencement of that Act. The Act commenced on 1 January 2006. However, the Defamation Act 1974 (as in force before its repeal by the Defamation Act 2005) continues to apply to the following causes of action by virtue of clause 2 (Application of this Act) of Schedule 4 (Savings, transitional and other provisions) to the Defamation Act 2005:(a) a cause of action for defamation that accrued before 1 January 2006,(b) a cause of action for defamation that accrued after the commencement of the Defamation Act 2005, but only if:(i) the action is raised in proceedings that include other causes of action that accrued before 1 January 2006, and(ii) the action accrued no later than 12 months after the earliest pre-1 January 2006 action accrued, and(iii) each action in the proceedings arose out of the publication of the same, or substantially the same, matter on different occasions.Clause 2 of Schedule 4 to the Defamation Act 2005 also ensures that any other law (both legislative and common law) that would have applied to such causes of action but for the enactment of the new Act will continue to apply to such causes of action.
14.30 Allegations in statements of claim generally
(cf SCR Part 67, rule 11; DCR Part 49, rule 10)
(1) A statement of claim seeking relief in relation to the publication of defamatory matter must not include any allegation that the matter or its publication was false, malicious or unlawful.(2) Any such statement of claim must:(a) subject to subrule (3), specify each imputation on which the plaintiff relies, and(b) allege that the imputation was defamatory of the plaintiff.(3) A plaintiff in proceedings for defamation must not rely on two or more imputations alleged to be made by the defendant by means of the same publication of the same matter unless the imputations differ in substance.
14.31 Defamation defences generally
(cf SCR Part 67, rules 13 and 19 (1); DCR Part 49, rule 12)
(1) Subject to rules 14.32–14.40, a defendant in proceedings for defamation must plead any defamation defence specifically.(2) If the plaintiff in defamation proceedings complains of two or more imputations, the pleading of any of the following defences must specify to what imputation or imputations the defence is pleaded:(a) a defence under section 15 (2) or 16 (2) of the Defamation Act 1974,(b) a defence under section 25 or 26 of the Defamation Act 2005,(c) the defence of justification at common law.(3) If a plaintiff intends to meet any defamation defence:(a) by alleging that the defendant was actuated by express malice in the publication of the matter complained of, or(b) by relying on any matter which, under the Defamation Act 1974 or the Defamation Act 2005, defeats the defence,then the plaintiff must plead that allegation or matter of defeasance by way of reply.
14.32 Defence of justification generally
(cf SCR Part 67, rule 14; DCR Part 49, rule 13)
(1) Defence under Defamation Act 1974
Subject to rule 14.31 (2), a defence under section 15 (2) of the Defamation Act 1974 is sufficiently pleaded if it alleges:(a) that the imputation in question was a matter of substantial truth, and(b) either:(i) that the imputation in question related to a matter of public interest, or(ii) that the imputation in question was published under qualified privilege.Note. The defence of justification under section 15 (2) of the Defamation Act 1974 applies to the exclusion of the common law defence of justification. See section 15 (1) of the Defamation Act 1974.(2) Defences under Defamation Act 2005 and at common law
Subject to rule 14.31 (2), a defence of justification under section 25 of the Defamation Act 2005 or at common law is sufficiently pleaded if it alleges that the imputation in question was substantially true.Note. The defence of justification under section 25 of the Defamation Act 2005 is in addition to, and does not vitiate, limit or abrogate, the common law defence of justification. See section 24 (1) of the Defamation Act 2005.
14.33 Defence of contextual truth
(cf SCR Part 67, rule 15; DCR Part 49, rule 14)
(1) Defence under Defamation Act 1974
Subject to rule 14.31 (2), a defence under section 16 of the Defamation Act 1974 is sufficiently pleaded if it:(a) alleges either:(i) that the imputation in question related to a matter of public interest, or(ii) that the imputation in question was published under qualified privilege, and(b) specifies one or more imputations on which the defendant relies as being contextual to the imputation in question, and(c) as to the contextual imputations on which the defendant relies:(i) alleges either that they related to a matter of public interest or that they were published under qualified privilege, and(ii) alleges that they were matters of substantial truth, and(d) alleges that, by reason that the contextual imputations on which the defendant relies are matters of substantial truth, the imputation in question did not further injure the reputation of the plaintiff.(2) Defence under Defamation Act 2005
Subject to rule 14.31 (2), a defence under section 26 of the Defamation Act 2005 is sufficiently pleaded if it:(a) specifies one or more imputations on which the defendant relies as being contextual to the imputation in question, and(b) alleges each contextual imputation on which the defendant relies was substantially true, and(c) alleges that the imputation in question did not further harm the reputation of the plaintiff because of the contextual imputations on which the defendant relies.
14.34 Defence of absolute privilege
(1) This rule applies:(a) to a defence of absolute privilege under Division 3 of Part 3 of the Defamation Act 1974 or under section 27 of the Defamation Act 2005, and(b) to the defence of absolute privilege at common law.(2) A defence to which this rule applies is sufficiently pleaded if it alleges that the matter complained of was published under absolute privilege.
14.35 Defences for publication of public and official documents
(1) Defence under section 25 of Defamation Act 1974
A defence under section 25 of the Defamation Act 1974 is sufficiently pleaded if it alleges that the matter complained of was:(a) a document or record specified as a document or record to which that section applies or a copy of such a document or record, or(b) a fair summary of, or a fair extract from, such a document or record.(2) Defence under section 27 of Defamation Act 1974
A defence under section 27 of the Defamation Act 1974 is sufficiently pleaded if it alleges that the matter complained of was a notice published in accordance with the direction of a court.(3) Defence under section 28 of Defamation Act 2005
A defence under section 28 of the Defamation Act 2005 is sufficiently pleaded if it alleges that the matter complained of was contained in:(a) a public document or a fair copy of a public document, or(b) a fair summary of, or a fair extract from, a public document.
14.36 Defences of fair report of proceedings of public concern
(1) Defences under Defamation Act 1974
A defence under section 24 of the Defamation Act 1974 is sufficiently pleaded if it alleges that:(a) the matter complained of was a fair protected report, or(b) the matter complained of was a later publication by the defendant of:(i) a protected report or a copy of the protected report, or a fair extract or fair abstract from, or fair summary of, a protected report that was previously published by another person, or(ii) material purporting to be a protected report or a copy of a protected report, or of a fair extract or fair abstract from, or fair summary of, material purporting to be a protected report that was previously published by another person,and the defendant did not have knowledge that should have made the defendant aware that the protected report is not fair or the material purporting to be a protected report was not a protected report or is not fair.(2) Defences under Defamation Act 2005
A defence under section 29 of the Defamation Act 2005 is sufficiently pleaded if it alleges that:(a) the matter complained of was, or was contained in, a fair report of any proceedings of public concern, or(b) the matter complained of:(i) was, or was contained in, an earlier published report of proceedings of public concern, and(ii) was, or was contained in, a fair copy of, a fair summary of, or a fair extract from, the earlier published report,and the defendant had no knowledge that would reasonably make the defendant aware that the earlier published report was not fair.
14.37 Defence of qualified privilege
(cf SCR Part 67, rule 16; DCR Part 49, rule 15)
(1) This rule applies:(a) to a defence under Division 4 of Part 3 of the Defamation Act 1974 or section 30 of the Defamation Act 2005, and(b) to any other defence of qualified privilege other than any of the following:(i) a defence under Division 5, 6 or 7 of Part 3 of the Defamation Act 1974,(ii) a defence under section 28, 29 or 31 of the Defamation Act 2005,(iii) the defence of fair comment at common law.(2) A defence to which this rule applies is sufficiently pleaded if it alleges that the matter complained of was published under qualified privilege.
14.38 Defences of comment or honest opinion
(cf SCR Part 67, rule 17 (1) and (2); DCR Part 49, rule 16 (1) and (2))
(1) Defences under Defamation Act 1974
A defence under Division 7 of Part 3 of the Defamation Act 1974 is sufficiently pleaded if, as to the matter it alleges was comment, it:(a) either:(i) alleges that the comment was comment based on proper material for comment and on no other material, or(ii) alleges that the comment was comment based to some extent on proper material for comment and represented an opinion that might reasonably be based on that material to the extent to which it was proper material for comment, and(b) alleges that the comment related to a matter of public interest, and(c) either:(i) alleges that the comment was the comment of the defendant, or(ii) alleges that the comment was the comment of a servant or agent of the defendant, or(iii) alleges that the comment was not, and in its context and in the circumstances of the publication complained of did not purport to be, the comment of the defendant or of any servant or agent of the defendant.Note. A defence of fair comment under Division 7 of Part 3 of the Defamation Act 1974 applies to the exclusion of the common law defence of fair comment. See section 29 of the Defamation Act 1974.(2) Defences under Defamation Act 2005
A defence under section 31 of the Defamation Act 2005 is sufficiently pleaded if, as to the matter it alleges was opinion, it:(a) either:(i) alleges that the opinion was based on proper material and on no other material, or(ii) alleges that the opinion was an opinion based to some extent on proper material and represented an opinion that might reasonably be based on that material to the extent to which it was proper material, and(b) alleges that the opinion was an opinion related to a matter of public interest, and(c) either:(i) alleges that the opinion was an expression of opinion of the defendant, or(ii) alleges that the opinion was an expression of opinion of an employee or agent of the defendant, or(iii) alleges that the opinion was an expression of opinion of a person other than the defendant or an employee or agent of the defendant.Note. A defence of honest opinion under section 31 of the Defamation Act 2005 is in addition to, and does not vitiate, limit or abrogate, the common law defence of fair comment. See section 24 (1) of the Defamation Act 2005.(3) Defence of fair comment at common law
A defence of fair comment at common law is sufficiently pleaded if, as to the matter it alleges was comment, it:(a) alleges that the comment was comment based on true facts or material that was published under privilege, and(b) alleges that the comment related to a matter of public interest.(c) (Repealed)Note. See the note to subrule (2).
14.39 Defence of innocent dissemination
A defence under section 32 of the Defamation Act 2005 is sufficiently pleaded if it alleges that:(a) the defendant published the matter complained of merely in the capacity, or as an employee or agent, of a subordinate distributor, and(b) the defendant neither knew, nor ought reasonably to have known, that the matter was defamatory, and(c) the defendant’s lack of knowledge was not due to any negligence on the part of the defendant.
(1) This rule applies to:(a) a defence under section 13 of the Defamation Act 1974, and(b) a defence under section 33 of the Defamation Act 2005.(2) A defence to which this rule applies is sufficiently pleaded if it alleges that the circumstances of publication of the matter complained of were such that the plaintiff was unlikely to sustain any harm.