How to Bring a Defamation Claim

If someone has made false statements about you or your business that have injured your reputation, you might be considering a defamation claim. But where do you start?

Bringing a defamation claim can feel overwhelming, but it doesn’t have to be. Whether it’s something said online, in print, or anywhere else, understanding your options can help you take the right steps to protect yourself and set the record straight.

The Defamation Act 2005 prescribes a procedure for bringing defamation claims:

• First, you must issue a Concerns Notice that complies with section 12A of the Defamation Act; otherwise, you will not have a right to take further legal action. A Concerns Notice must set out the defamatory imputations conveyed by the material and the serious harm that you have suffered or are likely to suffer.
• After giving the publisher a Concerns Notice, the publisher has 28 days in which they may make an Offer to Make Amends, which must contain an offer to publish a reasonable correction of the defamatory material and to pay your reasonable legal costs.
• In the Concerns Notice, you may also seek other remedies, such as an apology, an undertaking and/or payment of compensation, if appropriate.
• After 28 days, if the publisher fails to make an acceptable offer, you may issue Court proceedings.

It is essential that Concerns Notices are prepared correctly, so that they are valid at law. Our team is experienced in preparing and issuing Concerns Notices with the aim of achieving favourable outcomes without needing to commence Court proceedings.

If necessary, our team is also experienced in bringing defamation claims to Court. We have acted in Courts of all levels, including the County Court of Victoria, the Supreme Court of Victoria and the Victorian Court of Appeal.  

We will advise you thoroughly on the litigation process, including your prospects of success and the likely costs involved. We commence legal proceedings in the appropriate Court and work closely with expert defamation barristers to represent you in your case.

If you are seeking to bring a defamation claim, contact Sanicki Lawyers today. Our dedicated team is ready to advocate for you, while providing you with the support and guidance to resolve your defamation matter.