Defamation2024-10-14T11:40:02+00:00

dEFAMATION

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Litigation Lawyers Sunshine Coast

Every – Move – matters

Defamation Lawyers

Defamation can severely damage an individual’s reputation, leading to social isolation, damaged personal and professional relationships, and a diminished standing within the community. The consequences often extend beyond reputation, causing economic losses such as job termination, reduced business opportunities, and a decrease in earning potential. The emotional toll, including stress and anxiety, further compounds the harm. In such situations, seeking legal counsel is crucial to addressing defamation and mitigating its impact.

At Axia Litigation Lawyers, we understand the importance of protecting your reputation from false and damaging statements. We handle defamation matters with precision, guided by the Defamation Act 2005 (Qld). Our team swiftly assesses claims, issues concerns notices to resolve disputes out of court, and, when necessary, initiates legal action to seek remedies such as damages and injunctions. Our goal is to restore your reputation and ensure that defamatory statements are met with decisive legal action.

Contact us: Monday to Friday : 9 am – 5 pm

Get Legal Support
Get Legal Support

Every – Move – matters

Defamation Lawyers

Defamation can severely damage an individual’s reputation, leading to social isolation, damaged personal and professional relationships, and a diminished standing within the community. The consequences often extend beyond reputation, causing economic losses such as job termination, reduced business opportunities, and a decrease in earning potential. The emotional toll, including stress and anxiety, further compounds the harm. In such situations, seeking legal counsel is crucial to addressing defamation and mitigating its impact.

At Axia Litigation Lawyers, we understand the importance of protecting your reputation from false and damaging statements. We handle defamation matters with precision, guided by the Defamation Act 2005 (Qld). Our team swiftly assesses claims, issues concerns notices to resolve disputes out of court, and, when necessary, initiates legal action to seek remedies such as damages and injunctions. Our goal is to restore your reputation and ensure that defamatory statements are met with decisive legal action.

Contact us: Monday to Friday : 9 am – 5 pm

Get Legal Support
Get Legal Support
Restoring Your Reputation

Unparalleled expertise in defamation law.

Swift and Effective Action

Immediate response to protect your good name.

Comprehensive Support

From initial advice to courtroom advocacy

Personalised Strategies

Tailoring our approach to meet your unique needs

Every – Move – Matters

how Axia Can Help With Your Defamation Case.

At Axia Litigation Lawyers, we understand the distress and damage that can arise when your reputation is tarnished by defamatory remarks. If you believe you have been the target of defamation, our seasoned legal team is here to defend your good name. With our deep expertise in the nuanced field of defamation law, we offer comprehensive support, from initial legal advice to robust courtroom advocacy.

We act swiftly to address the issue at hand, employing cease and desist demands, skilful negotiation for retractions and apologies, and, where necessary, vigorous litigation to seek rightful remedies. Our approach is not only to secure your reputation but also to ensure any harm done is appropriately redressed.

We will undertake a meticulous review of the facts of your case to ascertain the merits of your claim or defence. This involves a careful examination of the allegedly defamatory statements, the context in which they were made, and the potential defences that may be available.

We will provide you with clear, strategic legal advice tailored to the nuances of defamation law in Queensland and Australia. Our counsel will be grounded in the Defamation Act 2005 (Qld) and relevant case law, ensuring that you are apprised of your rights and obligations.

Before commencing formal legal proceedings, we will explore all avenues for resolving the dispute. This may include issuing a concerns notice, negotiating a retraction or apology, or engaging in alternative dispute resolution methods such as mediation.

Should it be necessary to initiate or defend a legal action in relation to your defamation case, we will represent you with assertiveness and precision. We will prepare and file all necessary court documents, including the statement of claim or defence, adhering to procedural timelines and requirements.

We will assist in compiling a robust body of evidence to support your case, including witness statements, documentary evidence, and expert testimony where appropriate, to establish the publication of the defamatory material and its impact on your reputation.

If your case proceeds to trial, our barristers will advocate on your behalf with persuasive legal arguments and a thorough cross-examination of witnesses, aiming to achieve a favourable outcome.

We will advise you on the potential damages and remedies available in defamation cases, which may include monetary compensation, injunctions, and orders for the removal of defamatory content.

In the aftermath of a defamation judgment, we will ensure the enforcement of court orders, including the collection of awarded damages and the execution of injunctions to protect your reputation. Should the verdict necessitate an appeal we will provide concise advice on your options.
Case Assessment
We will undertake a meticulous review of the facts of your case to ascertain the merits of your claim or defence. This involves a careful examination of the allegedly defamatory statements, the context in which they were made, and the potential defences that may be available.
Legal Advice
We will provide you with clear, strategic legal advice tailored to the nuances of defamation law in Queensland and Australia. Our counsel will be grounded in the Defamation Act 2005 (Qld) and relevant case law, ensuring that you are apprised of your rights and obligations.
Pre-Litigation Strategy
Before commencing formal legal proceedings, we will explore all avenues for resolving the dispute. This may include issuing a concerns notice, negotiating a retraction or apology, or engaging in alternative dispute resolution methods such as mediation.
Litigation
Should it be necessary to initiate or defend a legal action in relation to your defamation case, we will represent you with assertiveness and precision. We will prepare and file all necessary court documents, including the statement of claim or defence, adhering to procedural timelines and requirements.
Evidence Gathering
We will assist in compiling a robust body of evidence to support your case, including witness statements, documentary evidence, and expert testimony where appropriate, to establish the publication of the defamatory material and its impact on your reputation.
Trial Representation
If your case proceeds to trial, our barristers will advocate on your behalf with persuasive legal arguments and a thorough cross-examination of witnesses, aiming to achieve a favourable outcome.
Damages and Remedies
We will advise you on the potential damages and remedies available in defamation cases, which may include monetary compensation, injunctions, and orders for the removal of defamatory content.
Post-Judgment Assistance
In the aftermath of a defamation judgment, we will ensure the enforcement of court orders, including the collection of awarded damages and the execution of injunctions to protect your reputation. Should the verdict necessitate an appeal we will provide concise advice on your options.

  • Case Assessment

  • Legal Advice

  • Pre-Litigation Strategy

  • Litigation
  • Evidence Gathering

  • Trial Representation

  • Damages and Remedies

  • Post Judgement Assistance

Over 75 Years of Combined Experience

Meet Our Expert Team

Axia Litigation Lawyers provide exceptional service and peace of mind for their clients. Based on the Sunshine Coast, Queensland, the Axia team services clients throughout Australia and abroad.

Adam Brown

Managing Director

Adam is the founder and Managing Director of Axia Litigation Lawyers. Having worked in Litigation and Dispute Resolution for over…..

Deneil Brown, Chief Operating Officer, Axia Litigation Lawyers
Deneil Brown

Chief Operating Officer

Deneil has been immersed in the legal industry for over 25 years and has vast experience across practice management, accounts and paralegal…

Nakita Brown, Senior Associate, Axia Litigation Lawyers
Nakita Brown

Senior Associate

Nakita is an experienced commercial litigation lawyer, bringing over ten years of legal knowledge to the table. She spent her early career…

Shane Ulyatt, Senior Associate, Axia Litigation Lawyers
Shane Ulyatt

Senior Associate

With a specialised focus on civil and commercial litigation and dispute resolution, Shane expertly handles a broad spectrum of legal matters…

Sam nelson

Lawyer

Sam’s expertise of commercial and civil litigation ranges from building and construction disputes, commercial and retail shop lease matters ….

Adam Brown
Adam Brown
Managing Director

Adam is the founder and Managing Director of Axia Litigation Lawyers. Having worked in Litigation…..

Deneil Brown
Deneil Brown
Chief Operating Officer

Deneil has been immersed in the legal industry for over 25 years and has vast experience across…

Nakita Brown
Nakita Brown
Senior Associate

Nakita is an experienced commercial litigation lawyer, bringing over ten years of legal knowledge…

Shane Ulyatt
Shane Ulyatt
Senior Associate

With a specialised focus on civil and commercial litigation and dispute resolution, Shane expertly…

Sam Nelson
Sam Nelson
Lawyer

Sam’s expertise of commercial and civil litigation ranges from building and construction disputes…

Every Move Matters

how to Establish If You Have been defamed

To establish a case of defamation under Queensland law, as governed by the Defamation Act 2005 (Qld), a plaintiff must prove three key elements:

The statement in question must have been published to a third party, meaning it was communicated to at least one person other than the plaintiff. Publication can take various forms, including written articles, online posts, spoken words, or even gestures.

The plaintiff must be identifiable in the defamatory material. It is not necessary that the plaintiff is named explicitly; it is sufficient if those who know the plaintiff can reasonably conclude that the material refers to them.

The statement must be shown to be defamatory, which means it would likely lead an ordinary reasonable person to think less of the plaintiff, expose the plaintiff to hatred, contempt or ridicule, or cause the plaintiff to be shunned or avoided. The impact on the plaintiff’s reputation is assessed from the perspective of the “ordinary reasonable person” rather than from the plaintiff’s subjective view.

If these elements are established, the onus then shifts to the defendant, who may seek to rely on various defences under the Act, such as justification (truth), contextual truth, absolute or qualified privilege, honest opinion, or fair report of proceedings of public concern, among others.

It’s important to note that the plaintiff must also bring the action within one year from the date of publication of the defamatory material, although this period may be extended under certain circumstances.

A successful defamation claim can result in remedies such as damages for harm to reputation, injunctions to prevent further publication, and orders requiring the publisher to issue a retraction or apology. As your legal representatives, Axia Litigation Lawyers would meticulously assess the merits of your case, guide you through the evidence required to substantiate these elements, and develop a robust strategy to achieve a favourable outcome.

Frequently Asked Questions About Defamation

Defamation is a tort that occurs when an individual’s reputation is harmed due to the publication of false and defamatory material by another party, without lawful excuse. The Defamation Act 2005 (Qld) governs defamation proceedings in Queensland.

Any living individual, certain not-for-profit organisations, or corporations with fewer than 10 employees and not related to another corporation can bring a defamation claim if they believe their reputation has been damaged by a defamatory publication.

The time limit for bringing a defamation claim in Queensland, as well as throughout Australia, is one year from the date of publication of the defamatory material. This is stipulated under the Defamation Act 2005 (Qld) and is consistent across Australian jurisdictions following the uniform defamation laws.

In certain exceptional cases, the court may extend the limitation period to up to three years if it is satisfied that it is just and reasonable to do so. However, this extension is not granted lightly and the plaintiff must show sufficient reasons for the delay in initiating the claim.

Under Queensland and Australian defamation law, a social media post can indeed be considered defamatory if it satisfies certain criteria. Specifically, the post must be published to a third party, identify the person being defamed, and contain material that could damage that person’s reputation. Social media platforms are public forums, and therefore, any defamatory remarks made thereon are subject to the same legal scrutiny as those made through more traditional forms of media.

Yes, if content posted on social media is defamatory, the affected party can seek its removal. Initially, this may involve a request to the individual who posted the content or the platform hosting it. If the content is not removed voluntarily, legal action can be taken to have the post taken down. The court may issue an injunction that legally obliges the removal of the content. It is advisable to act promptly, as the dissemination of defamatory content can have immediate and widespread consequences.

Yes, a Google review can be defamatory if it conveys false statements of fact about a person or business that could harm their reputation. It is not enough for a review to be negative; to be defamatory, it must make false claims that are likely to cause reputational damage and be published to other parties.

If a Google review is defamatory, you may request its removal by Google. The process typically involves providing evidence that the review is, in fact, legally defamatory. Google may then decide to take down the content if it violates their policies or is deemed unlawful. In some instances, legal action may be necessary to compel removal if the review is defamatory and Google does not voluntarily remove it.

In the context of a defamation claim, several defences may be available under Queensland and broader Australian law. These defences are designed to balance the protection of an individual’s reputation with the fundamental principle of freedom of expression. The following are recognised defences in defamation proceedings:

  1. Justification (Truth): The most powerful defence to a defamation claim is to prove that the statements made were substantially true. If a defendant can demonstrate that the imputations conveyed by the publication are true, or not materially different from the truth, the defence of justification will succeed.
  2. Honest Opinion: Previously known as fair comment, this defence applies where the defamatory material is an expression of opinion rather than a statement of fact, which is based on proper material that is substantially true. The opinion must also be on a matter of public interest and must be one that an honest person could have held on the basis of the material.
  3. Absolute Privilege: This defence applies in situations where the law recognises the need for frank and uninhibited communication, such as during parliamentary proceedings or in court. In these instances, speakers are protected from defamation actions regardless of their intention or the truth of their statements.
  4. Qualified Privilege: This defence protects defamatory statements made in certain circumstances where the person making the statement has a legal, moral or social duty to make it, and the recipient has a corresponding interest in receiving it. Qualified privilege may be defeated if the plaintiff can prove that the defendant acted with malice.
  5. Public Interest: A relatively new defence following the uniform defamation reforms, which protects the publication of defamatory matter on an occasion of public interest, provided the defendant can demonstrate that they reasonably believed that publishing the matter was in the public interest.
  6. Innocent Dissemination: This defence may protect those who are involved in the distribution of defamatory material but are not the primary author or originator, such as booksellers or internet service providers, provided they neither knew, nor ought reasonably to have known, of the defamatory content.
  7. Triviality: This defence may apply if the defendant can show that the plaintiff is unlikely to suffer harm to their reputation because of the trivial nature of the publication.

It is important to note that the applicability of these defences depends on the specific circumstances of each case. Legal advice should be sought to evaluate the merits of these defences in the context of any particular defamation claim.

Yes, an opinion can be defamatory if it implies the existence of undisclosed defamatory facts as the basis for the opinion. While everyone is entitled to express their opinions, if the opinion stated implies a factual basis that is untrue and damages someone’s reputation, it may be considered defamatory.

However, if the opinion is clearly stated as such and is based on true or privileged facts, the honest opinion defence may be available to the person expressing it, provided the opinion relates to a matter of public interest. It is crucial that the distinction between fact and comment is maintained to avoid crossing into defamatory territory.

Publication in defamation law refers to the communication of defamatory material to a third party. This includes written and spoken words, images, and electronic communications.

In a defamation case, the court may award several types of damages to the plaintiff, depending on the harm suffered and the circumstances of the case. The damages aim to compensate for the injury to the plaintiff’s reputation, as well as any economic losses incurred. The types of damages that may be awarded include:

  1. Compensatory Damages: These are intended to compensate the plaintiff for the harm caused to their reputation and may include both non-economic loss (such as humiliation and emotional distress) and economic loss (such as loss of earnings).
  2. Aggravated Damages: These may be awarded in addition to compensatory damages if the court finds that the defendant’s conduct was particularly malicious, high-handed or oppressive, thereby increasing the harm to the plaintiff.
  3. Exemplary or Punitive Damages: Although rare in Australian defamation law and generally not favored, exemplary damages are intended to punish the defendant for their conduct and deter others from similar actions. However, under the Defamation Act 2005 (Qld), exemplary damages cannot be awarded in defamation cases.
  4. Special Damages: These are awarded for specific quantifiable financial losses that result from the defamatory publication.

The court also has the discretion to order the publication of a correction or apology, and to grant injunctions to prevent further publication of the defamatory material. It is important to note that there are statutory caps on the amount of damages for non-economic loss that can be awarded in defamation cases, which are adjusted periodically.

Truth alone is a complete defence to a defamation claim. If the defendant can prove that the defamatory imputations are substantially true, the claim will not succeed.

Technically, you have the right to initiate a defamation lawsuit even if the statement in question is true; however, if the defendant successfully proves that the defamatory statement is substantially true, your claim would not succeed. Moreover, embarking on a defamation claim under such circumstances could result in further consequences for you, such as:

  1. Costs Orders: You may be ordered to pay the legal costs incurred by the defendant, which can be substantial.
  2. Counterclaims: If your lawsuit is seen as an abuse of process or causes damage to the defendant, they may bring a counterclaim against you.
  3. Reputational Harm: Pursuing a defamation claim that fails can draw more attention to the statements made and potentially cause greater harm to your reputation.

It is crucial to consider the merits of your case and seek legal advice before proceeding with a defamation claim, particularly if there is a possibility that the statement you wish to challenge could be proven true.

An apology does not constitute an admission of fault or liability but may be offered to mitigate damage and reduce the likelihood of litigation or to reduce the amount of damages awarded.

An apology in a defamation dispute can play a significant role in resolving the matter, potentially reducing the tension between the parties and mitigating damages. The role of an apology may include:

  1. Mitigation of Harm: An apology can help to repair the harm done to the plaintiff’s reputation by showing that the defendant acknowledges the wrongdoing and is taking steps to ameliorate the impact of the defamatory statement.
  2. Reduction of Damages: While an apology does not negate the fact that defamation has occurred, it may influence the court’s assessment of damages. A timely and genuine apology could lead to a reduction in the amount of compensation awarded to the plaintiff.
  3. Settlement Encouragement: An apology might pave the way for an out-of-court settlement. It can demonstrate the defendant’s willingness to address the issue without the need for prolonged litigation, which can be costly for both parties.
  4. Prevention of Further Publication: An apology may be accompanied by an undertaking not to repeat the defamatory statements, which can provide reassurance to the plaintiff and prevent further damage.

It is important to note that an apology is not an admission of guilt and is protected from being used as evidence of liability under the Defamation Act 2005 (Qld). The act of apologising is recognised as a means of resolving disputes and is encouraged by the legal system to facilitate reconciliation and reduce the need for litigation.

If you believe you have been defamed, you should seek legal advice promptly to assess the merits of your case, preserve evidence, and consider the appropriate legal action within the statutory time limit.

These FAQs offer general information about Defamation Claims under Queensland law. For personalised advice and expert assistance with your case, it is highly recommended to consult with our legal professional specialising in defamation and slander claims.

Every – Move – Matters

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