Suing For Defamation
Within one year of publication of a defamatory statement, an aggrieved individual may bring a defamation claim against a publisher to recover costs for harm sustained.
If a defamatory statement is published only within a particular jurisdiction, such as only in a particular State in Australia, then the law of that jurisdiction applies. So, if the defamatory material is made in a publication, or on a radio broadcast, which is only distributed to Sydney, then only the defamation laws of Sydney apply. If it’s published only in Victoria, then Victorian Defamation laws apply. The same goes for defamation laws in Adelaide, Brisbane, Perth, Hobart, Canberra & Darwin.
Where a statement is published in more than one jurisdiction, such as in a national newspaper, or on a national broadcaster, then the applicable law is the jurisdiction with the closest connection to the harm caused by the publication, applies. For example, if the defamatory comments are published in a national newspaper and the person(s) or businesses being defamed reside or are based in Victoria, then the defamation laws of Victoria apply. The same applies for New South Wales, Brisbane, South Australia, Western Australian, Australian Capital Territory, Northern Territory and Tasmania.
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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.