Defamation Slander Lawyers

Defamation is the publication of material, which is likely to injure the reputation of a person by making them the subject of hatred, ridicule or contempt. It also includes material that would lower the estimation of a person in the eyes of others or cause people to shun or avoid them.

Defamatory material may be published in things like reports, articles, letters, notes, pictures and oral utterances.

Every state in Australia has enacted laws governing defamation. The laws are designed to award damages to claimants to compensate them for the personal distress and hurt caused by publications, repair the harm done to the persons reputation or business reputation and to vindicate the persons reputation.

An action for defamation is in essence an action for damages to the persons reputation and not an action because a statement is untrue or has infringed on a persons privacy. Therefore an action for defamation may therefore arise for example arise out of published material that damages a persons reputation by imputing that the person is criminal, dishonest, fraudulent, immoral or untruthful. It also covers imputations of things like sexual assault, rape or insanity.

What if the published material is true?

In NSW, QLD, ACT and Tasmania, the fact that a statement is true, of its own may not constitute a defense to an action for defamation. In these States the defendant needs to also prove that the defamatory material was "public benefit" or for the "public interest".

What if there is no economic loss suffered?

In most states cases involving statements regarding criminal offences, contagious diseases, unchastity, adultery or unfitness for a profession there maybe no need to show economic loss suffered. In the state of NSW there is no need to show special damages.

Are Australian defamation laws restrictive (that is are the laws stacked against the publisher?)

Yes as compared to the United Kingdom and The United States of America, Australia's defamation laws are well defined & comprehensive therefore placing a high level of care on the publishers.

Who will pay the cost of an action for defamation?

The court will award costs in favor of the winning party, which means that the majority of the winning party's fees are the responsibility of the losing party.

How do I Know if I have a claim?

Assuming the facts support a very good case please note the cost of fighting this matter may outweigh any ultimate benefit, but this depends on the extent of financial damage as well as loss of reputation experienced by you. However as a first step, as a rebuttal to the alleged defamation, we require you at least send a detailed legal letter to the defendant requesting an immediate retraction. Our costs to perform this task will be $1,800 paid in advance.

At Gerard Malouf & Partners we offer a service of the first consultation free to ascertain details of your claim & explain our services that only require payment if the action we undertake on your behalf is successful. Contact us for an appointment.

Why Choose Gerard Malouf and Partners Lawyers? - Click here to find out!