Defamatory publications can have a profound effect on person’s reputation, which can in turn lead to monetary loss.
If someone has published defamatory statements about you, it is often important that you move quickly to take legal action.
Pursuant to the Defamation Act, Court Proceedings for Defamation must be commenced within one year of the initial publication of the relevant defamatory statement (or statements). This is significantly shorter than the more common limitation periods of three years for personal injury claims, or six years for general breach of contract and tort claims.
Amendments to the Defamation Act introduced in 2021 created new barriers to Plaintiffs seeking to initiate a claim for Defamation, including a new threshold of ‘serious harm’ that must be satisfied by Plaintiffs, and a new defence of ‘public interest’ available to persons alleged to have defamed another person.
Before commencing a Defamation proceeding in Court, it is a requirement that the prospective Plaintiff issues a formal letter to the publisher of the defamatory material called a ‘Concerns Notice’. There are strict requirements in the Defamation Act which must be included in a Concerns Notice in order for it be have legal effect.
Our Litigation lawyers can assist you by providing initial advice about the strength of your claim, practical steps that can be taken to minimise the harm to your reputation, drafting and issuing a Concerns Notice and commencing and litigating Court Proceedings on your behalf.
If you believe you have been defamed, please call our office today on (03) 8658-0040to have a free initial chat with one of our Litigation lawyers.
