While it can be daunting to receive a Concerns Notice and to be accused of defamation, there’s no need to fear. We’re here to help.
If you’re facing a defamation claim or have received a Concerns Notice, don’t worry—we’re on your side. While the law allows people to take action for defamation, it also permits freedom of speech in many circumstances. Here’s how we approach defending a defamation claim:
Evaluate the Claim: We assess the merits of the claim and identify any deficiencies, including where the elements of defamation (including serious harm) are not established or the Concerns Notices is invalid.
Consider Legal Defences: There are numerous defences available under the Defamation Act 2005 and at common law. These include justification (also known as truth), contextual truth, absolute privilege, qualified privilege, honest opinion, fair comment and public interest. Each of these defences is highly technical and requires you to establish several elements. We assess the extent to which the defences apply to your factual situation.
Negotiate Settlements: We recognise that, in many cases, the best outcome is to reach a timely resolution to the matter, without being dragged into expensive Court proceedings. We are experienced in negotiating to achieve commercial and practical outcomes.
Represent You in Court: Where Court proceedings cannot be avoided, we’ll provide expert representation and guide you through the court process to defend your case. We work with expert defamation barristers to mount the strongest possible defence.
If you need assistance with a defamation matter, contact Sanicki Lawyers today. Our dedicated team is here to provide the legal support you need to navigate a defamation claim.
