Defending yourself against a defamation claim
If you have been accused of making defaming comments or in posts online it pays to seek professional legal advice from an experienced Defamation Law Firm promptly. Not responding in an appropriate time frame can have equally serious consequences. If you have concerns contact us for professional advice.
It's important to note that the cost and stress associated with bringing a case before court can often be avoided.
Ultimately, if the published material is true, there's no defamation. Some common defences against defamation include:
the aggrieved party is unlikely to sustain any harm to their reputation
the publication was made in a privileged context such as a parliamentary debate, in court or in a tribunal judgment.
the publication was an honest opinion, rather than statement of fact
the publication was of public concern or substantially true
the publication was obligatory for a legal, social or moral reason
the defendant did not know or ought not to have known that the published material was defamatory
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1800 950 627
How to avoid the risks
If you're a small business or individual with a public profile, it's natural to harbour some concerns about the risks of being landed with a defamation claim. Five golden rules to follow to minimise these risks are:
Be aware of what you’re saying
Only say what you can prove
Use the language of opinion
Convey your meaning clearly
Bear in mind who you’re dealing with
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1800 950 627
Defamation Legal Fees
Our defamation cases are run on a fee for service basis, meaning that fees and costs are paid for as they arise throughout the case. We'll provide you with a costs agreement before asking you to sign anything which outlines our fees and the likely costs involved in your case.
Before we start any work on your behalf, we'll explain to you in detail:
How we calculate our fees
The likely costs involved to prepare and run your case
Any additional costs that may be incurred
Any costs that may be recoverable from, or payable by you, to the other party.
Our fees are never calculated as a set percentage of the compensation you will receive if your case is successful. This is common in the United States, but is not permitted in Australia. You'll only ever be charged for the work we perform for you.