Lynn Ruane (Independent)

I move amendment No. 18:

In page 16, between lines 20 and 21, to insert the following: “34EA. (1) Where a defendant in defamation proceedings relating to his or her engagement in public participation makes an application referred to in section 34E(1), he or she may also make an application, on notice to the plaintiff in those proceedings, for a declaration by the court that the proceedings or part thereof amount to abusive court proceedings against public participation.

(2) Unless a judge orders otherwise, the claimant is not permitted to amend his or her pleadings in the proceeding—

(a) in order to prevent an order under this Act dismissing the proceeding, or

(b) if the proceeding is dismissed under the Act, in order to continue the proceeding.”.

My colleague, Senator Higgins, and I have already spoken to the amendment. I will press it.