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Defamation

Defamation

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With the rapid expansion of the internet and social media, everyone is now in the publishing business! Accordingly, defamation law has become one of the most prominent and relevant, yet misunderstood, areas of law today.
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Defamation of a Business
Defamation in the Media
Defending a Defamation Claim
How to Bring a Defamation Claim

Protect your reputation

The prevalence of social networking and ever evolving technological advances mean that virtually anyone is a publisher these days – whether they know it or not! Social media provides individuals with an unlimited ability to communicate instantly and widely with the public. As a result, the line between fair comment and defamation has never been so easy to cross.

The laws of defamation are complex and the Defamation Act 2005 has undergone several stages of reform over the years. Our trusted defamation lawyers are here to assist with this technical area of law by providing comprehensive and practical advice to our clients.

The Sanicki difference

We are committed to ensuring that the personal and professional reputations of our clients and their businesses are protected against defamatory statements. Whether the publications are made through traditional media channels such as television or print, or other online platforms, we have successfully helped many clients obtain financial relief as well as public apologies where their reputations have been injured by defamatory materials. From assessing the strength of defamation claims to advising on practical strategies to resolve a dispute, our expert defamation lawyers are well equipped to advocate for you and guide you through the process.

Testimonials

Darren has an excellent team of friendly and accessible people who are both efficient and practical. I trust Darren and his team to deliver for my clients at the most crucial stage of their transaction.

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— Ian A

Chelsea, Darren and the broader team at Sanicki Lawyers are an integral part of our business… It’s a bonus that they’re incredible to work with. We can’t recommend them highly enough – and wouldn’t trust anyone else with our contracts or business requirements

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— Giorgio M

Exceptional service from Sanicki Lawyers. I would never hesitate to recommend the team, and will certainly use their firm again for my business.

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— Julia N

Couldn’t have had a better experience. These guys are warm and efficient. Best!

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— Harry F

By having a Sanicki lawyer involved I feel peace of mind knowing the deal has every chance of coming to fruition. I can honestly say that Darren, along with his wonderful team, have saved deals for me on several occasions. Sanicki’s end to end service makes my business life much less stressful.

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— Steve P

The Sanicki Lawyers team make you feel so welcome, and explain fully costs and processes. It’s so comforting to be able to approach these guys and feel confident with what they do.

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We are highly experienced in defamation law and can advise on:

Defamation Assessment

Thorough analysis to determine if a particular post, comment or other publication is likely to constitute defamation, and the strength of the legal claim.

Recourse and Remedies

Outlining the practical options and strategies available where you have been defamed, empowering you to make decisions to seek resource.

Concerns Notices

Commencing legal action by issuing Concerns Notices, ensuring that the technical requirements of the notice under the Defamation Act 2005 are met and the claim is strongly articulated.

Defending Defamation Claims

Responding to Concerns Notices, evaluating the merit of other parties' defamation claims and mounting robust defences under the Defamation Act 2005 and at common law.

Dispute Resolution

Finding practical solutions to resolve disputes as efficiently and early as possible, recognising the expense and stress associated with defamation litigation.

Defamation Litigation

Where litigation is required, fiercely advocating for you in Court by issuing or defending proceedings in Courts of all levels, including the County Court of Victoria and Supreme Court of Victoria.

Frequently Asked Questions
(FAQs)

Defamation occurs when someone makes statements about a person, which cause (or are likely to cause) serious harm to the person’s reputation in the eyes of other people. The statements can be written or verbal. Companies can be defamed if they are not-for-profit or have less than 10 full time employees (or equivalent). If a person is defamed, they can claim damages (compensation) for the harm caused to their reputation. However, there are many defences under the defamation law – including truth, fair comment, qualified privilege and public interest. These defences allow people to publish material in certain circumstances, even if it is defamatory, and are intended to promote a degree of freedom of speech. Defamation law is governed by the Defamation Act in each State and Territory, as well as the common law. It is a technical area of law and can often lead to significant disputes. An experienced defamation lawyer can advocate for you and help you achieve an outcome as efficiently as possible.
First, you should seek advice from an experienced defamation lawyer about the strength of your claim. Defamation is a complex area of the law. Even if you have been defamed, there are several defences under the Defamation Act and the common law that may apply. If you have a defamation claim, you will first need to send a Concerns Notice to the publisher. This is a special kind of letter that sets out the defamatory publication(s) and the serious reputational harm you have suffered. It may also include a demand for appropriate steps to be taken – such as an apology and retraction, an undertaking not to publish further defamatory statements, payment of your legal costs and/or compensation. There are special requirements under the Defamation Act that need to be followed for a Concerns Notice to be valid and legally effective. If the publisher does not provide an acceptable offer to remedy the defamatory publications and 28 days have passed after giving a valid Concerns Notice, you can commence Court proceedings for defamation.
Yes they can. With the ease of communicating and posting on social media and review platforms, many defamatory publications are now made online. However, to succeed in a defamation claim, you need to prove that the online publications have caused, or are likely to cause, serious harm to your reputation. This often depends on how many people viewed the publication (among other factors). Importantly, it is not automatically presumed that people have viewed an online post, even if it is publicly accessible. You still need to prove that the publication has been viewed by other people. A good defamation lawyer will assist you with the necessary evidence required to establish a case for defamation, including serious harm, and advise you of the strength of your case.

Contact the most renowned defamation lawyers in Melbourne today

Melbourne

+61 3 9510 9888
9 Regent Street
Prahran, VIC 3181

Brisbane

+61 3 9510 9888
139 Gotha Street
Fortitude Valley, QLD 4006

Sanicki Lawyers acknowledges the Traditional Owners of the lands on which we work and live across Australia, and recognise their continuing connection to the land and community. We pay respect to Elders past and present.

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