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It has never been more important to protect your reputation than in this technologically-driven age of social media. Damage to your reputation can affect your relationships, your ability to seek and keep employment, and ultimately, your credibility. If you believe that someone has published a false statement about you that affects your reputation, you may be entitled to compensation. In the eyes of the law, damage to a person’s reputation amounts to personal injury and where that damage was not justified, a person is entitled to commence legal proceedings to compensate them for that reputational damage.
Our expert defamation lawyers can provide you with the legal services you require throughout your defamation matter. We can advise you at all stages, from considering whether or not to commence a defamation action and drafting concerns notice to the author of defamatory comments, to assisting you with legal proceedings and guiding you with sound legal advice throughout the process.
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If you have any concerns about something that has been published about you, please don’t hesitate to call us for a friendly, confidential consultation regarding your defamation matter.
Is it worth suing for defamation?
Defamation matters can be lengthy, confusing, and costly. Recent high profile defamation cases involving large sums being paid to celebrities such as Geoffrey Rush and Rebel Wilson have however highlighted the importance the law places on a person’s reputation. It is therefore critical to seek expert legal advice about whether a defamation action is right for you and to ensure the best outcome in your dispute.
Defamation law differs across Australia, depending on the Defamation Act in force in the relevant State jurisdiction. Generally, defamation occurs when a person’s reputation (or the reputation of a small business) is damaged by information that is published to one or more third parties.
To succeed in a defamation claim, you must prove three things:
- information was published to a third person that;
- identifies you; and
- the information was defamatory – meaning it must negatively impact (“lower”) your reputation in the eyes of the third party.
The law of defamation, therefore, requires you to demonstrate that information was “published” which clearly identifies you or your small business, and that the information contains defamatory imputations. Defamatory “imputations” are the basis of a defamation case. An imputation is simply a defamatory statement, either express or implied, that says something about your reputation that causes it damage in the eyes of the third party.
Note: under Australian defamation law, only individuals, certain not-for-profit organisations and companies with 10 or fewer employees are able to sue for defamation.
Defences to a successful defamation claim
There are a number of defences to a defamation claim, which a defendant can argue even if defamation is proven. If a defendant successfully argues one of these defences, this will reduce or eliminate any entitlement to compensation.
Some of the common defences to a defamation action include:
- Truth: if the information is substantially or wholly the truth, then the information cannot be defamatory;
- Triviality: if the information causes a trivial amount of damage (such as being published to a very limited audience), this will reduce or eliminate any entitlement to compensation;
- Innocent dissemination: this will be a defence if the publisher was publishing information created by someone else and did not know that the information contained defamatory material;
- Honest opinion: if it can be shown that the information was an opinion, rather than expressing a fact, and that opinion was based on proper material and is a matter of public interest, this will establish a defence;
- Public interest: if a media outlet publishes something that is of public concern or public interest, this may be a defence to the publishing of any defamatory statement;
- Absolute privilege: if the defamatory content attracts absolute privilege, this defence can be relied upon;
- Qualified privilege: where both parties have an interest in the communication, there may be a defence of qualified privilege. Note that there are different tests under common law and statute in order to raise this defence.
Navigating these defences and whether they might apply to your defamatory matter is notoriously difficult, and it is recommended that you seek expert legal advice about how these defences might affect your case.
In a nutshell...
If you believe someone has published something that is clearly about you which would affect your reputation in the eyes of a person who views that information, then it is worth considering whether you have a defamation claim.
Do I need a defamation lawyer to sue for defamation?
Defamation law is complex, and it can be difficult to negotiate the relevant Defamation Act applicable in your state, and any defamation cases that might be critical in deciding your legal case. In NSW, and indeed across Australia, it is advisable that you engage an experienced defamation lawyer to assist with this complex area of law and ensure you receive compensation for any reputational damage. In addition, strict time limits for suing for defamation mean that in order to commence legal action, a defamed person will only have one year from the date the defamatory material is published.
Recent amendments to the Defamation Act 2005 (NSW) also create a new requirement in NSW that a defamation action cannot be commenced until the wrongdoer has been provided a “concerns notice”, after which they will be entitled to make an offer to make amends. An experienced defamation lawyer can assist with the drafting of your concerns notice, to minimise the need for costly court proceedings and to maximise the chance that the defamation dispute can be managed efficiently and with minimal further reputational damage that can arise if legal proceedings are pursued.
Honest legal advice is only a phone call away. Contact our experienced defamation lawyers today for a consultation to discuss your rights under defamation law, and whether you might be entitled to seek compensation.
Speak to a lawyer today
Defamation law is notoriously complex. Conducting a defamation matter without expert legal advice has the potential to further damage your reputation, and cost you valuable time and money.
Disclaimer
The above is general legal information and should not be considered legal advice. You should contact our law firm for legal advice tailored to your specific legal matter. The courts deal with matters on a case-by-case basis. It should also be noted that there may be court delays due to COVID-19 and alternative arrangements made for legal proceedings.
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What our Clients Say
Jack Finch17/10/2023 Was a pleasure working with this firm, our Lawyer Gabriel was amazing, very polite and very professional. Our lawyer ensured that we had all the documents we needed and more to guarantee us our sponsorship. No kickbacks, no second attempts. All granted on first attempt (I know someone who went with a different firm and got rejected twice for sponsorship). All-in-all, Visa applications can be stressful and strict, I would highly recommend getting a lawyer and if you do, make sure it's a good one such as these or your gonna have a tough year ahead. Betty George26/09/2023 Have found Gabriel at Jameson law, very friendly and approachable and efficient and helpful, what you need in the law firm - not intimidating. Got my issue sorted & got a good result, will definitely recommend Gabriel & her colleagues - like Sali who are extremely helpful as well, lovely Office & lovely people. Kathleen noor mubeena21/09/2023 My sincere thanks to Gabriel Mackenzie @ jameson law for the guidance, support and assistance with visa processing. I'm really so grateful and thankful for her efforts for making this to get happened. Kashish Talwar14/09/2023 My sincere thanks to Wissam Philopos. Wissam is a great lawyer and a very kind human being. He is very knowledgeable, super professional, a great lawyer and has guided me in every aspect of my case. I was so frightened and confused earlier but he and Jameson law as a firm has helped me a lot. Best thing is they understand problem of a person and helps to their best. I highly recommend taking advice from Jameson law and. Thank you Wissam. Punit Mathur11/09/2023 I received professional and correct advice by Gabriel on my Citizenship and Permanent Resident Return Visa application. Gabriel's advice has helped me take steps in the right direction which resulted in my Return Visa 155 being processed. I shortlisted Jameson Law after researching other Law firms and I am happy I made the right decision. Thanks Gabriel. Christian Targett07/09/2023 I highly recommend Jameson Law. Wissam was fantastic from day 1. My well-being was a high priority for Wissam. Very easy to deal with and very transparent. My experience with all staff at Jameson law was friendly and professional. Highly recommend giving these guys a call and see how they can help you too. Joel Delaney06/09/2023 I sought the assistance of Jameson Law after a mobile phone camera traffic offence. Wissam was my solicitor, and I cannot speak highly enough of the service provided. Wissam was always honest and forthcoming, he was understanding of the circumstances and remained positive at all times that we would be able to work towards a positive outcome. He was absolutely clear and concise with the advice he provided and prepared as best possible for court proceedings. I’d like to mention additionally that due to staffing Wissam managed to accomplish all this with an increased caseload, and never utilised that as an excuse, nor did he have any reason to for how tirelessly he worked in order to provide me the best defence possible. At the end thanks to Wissam and the collective team at Jameson Law I received the absolute best outcome possible. Thank you Wissam and Jameson Law Tony Thai05/09/2023 Wissam proved to be an exceptional lawyer. With such short notice he was able to help my traffic case and get a reduced disqualification. Jessica Hanna05/09/2023 A big thank you to Gabriel Mackenzie @Jameson Law for her help, guidance and support with the process of getting my Visa. She was so patient while I gathered the relevant documents and still managed to secure me my visa promptly. I’m so grateful for her efforts, and I’m so happy with the results! Thank you again Gabriel!
Defamation Resources and Publications
The recent controversy surrounding Australian breakdancer Rachael “Raygun” Gunn has brought the issue of bullying, particularly online bullying, to the
Dr. Munjed Al Muderis, a high-profile surgeon renowned for pioneering osseointegration surgery, is currently locked in a heated legal battle
Welcome to the world of influencers, where a lobster dinner can lead to a legal hullabaloo that rivals the drama
The simple answer is yes! A defamation lawsuit can be considered a personal injury lawsuit in legal terms. This is
Defamation Claim Successfully Defended Our principal solicitor and team of barristers settled a defamation claim against our client. The matter
FAQs
Frequently Asked Questions.
A defamation lawyer can provide you with sound legal advice about whether you are entitled to compensation. Our expert defamation lawyers can assist with drafting concerns notices and legal documentation, representing you in court proceedings, and managing what is a costly process to ensure you get the best outcome in your defamation matter.
The cost of a defamation lawyer will depend on the complexity of your case, and whether it can be resolved prior to legal proceedings. Contact us now for a free consultation and to obtain a quote regarding your defamation matter.
Given the complex nature of defamation law, it is critical to receive sound legal advice and representation at all stages of a defamation action. Our expert defamation lawyers are well-equipped to assist you in all aspects of your defamation case.
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- 1300 679 272
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Manly Local Court
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Windsor Local Court
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Registry Hours: 9:00 – 1:00 and 2:00 – 4:30
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Wollongong Local Court
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Registry Hours: 9:00 – 1:00 and 2:00 – 4:30
Telephone Hours: 8:30 – 4:30
District Courts
Downing Centre District Court
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- 143-147 Liverpool Street, Sydney NSW 2000
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Parramatta District Court
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Supreme Courts
Supreme Court New South Wales
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- Law Courts Building 184 Phillip Street Sydney NSW 2000
Registry Hours: 9:00 AM – 4:30 PM
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Federal Court
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- 1300 352 000
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- GPO Box 9991, Sydney NSW
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- Lionel Bowen, Building, 97/99 Goulburn St, Sydney NSW 2001
Registry Hours: 9:00 AM – 4:30 PM
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Federal Court
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- GPO Box 9991, Sydney NSW
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- 97-99 Goulburn St in the heart of the Sydney CBD
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High Court
- (02) 6270 6811
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- Parkes Place, Canberra ACT 2600
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Specialised Courts
Children’s Court of New South Wales
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- Cnr Chapel Road and The Mall BANKSTOWN NSW 2200
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Registry Hours: 9:00 AM – 4:30 PM
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Days Open: Monday to Friday
Coroner’s Court New South Wales
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- Law Courts Building 184 Phillip Street Sydney NSW 2000
Registry Hours: 9:00 AM – 4:30 PM
Telephone Hours: 8:30 AM – 4:30 PM
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Industrial Relations Commission of New South Wales
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- GPO Box 3 Sydney NSW 2001 Australia
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- Law Courts Building 184 Phillip Street Sydney NSW 2000
Registry Hours: 9:00 AM – 4:30 PM
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Land and Environment Court of New South Wales
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- GPO Box 3 Sydney NSW 2001 Australia
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Registry Hours: 9:00 AM – 4:30 PM
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Days Open: Monday to Friday