In Peros v Nationwide News Pty Ltd & Ors [2024] QSC 80, the court addressed key legal debates surrounding the Defamation Act 2005 (Qld), particularly the requirements for initiating defamation proceedings and the determination of serious harm to reputation. The essential contention was whether Peros, accused in a widely publicised podcast of a grave crime for which he was acquitted, could bypass issuing a 'concerns notice' as mandated by Queensland law due to initiating the lawsuit in Western Australia, where such a notice was not required. The court concluded that the Queensland Act's provisions, specifically s 12B demanding a concerns notice before defamation proceedings could commence, did not extend extraterritorially to affect proceedings initiated in Western Australia. Additionally, the court decided to maintain the default position under s 10A(5) of the Act, mandating the determination of the 'serious harm' issue as soon as practicable before trial, dismissing Peros's appeal for its postponement.
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