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Defamation

Defamation concerns can affect individuals, businesses and professional reputations. Biz Lawyers & Advisory assists clients to review publications, correspondence and evidence, and to consider suitable legal and practical responses.

How we can assist

  • Reviewing allegedly defamatory publications, online material and related correspondence.
  • Advising on legal process, response options and timing considerations.
  • Preparing correspondence, concerns notices or responses where appropriate.
  • Considering related disputes involving intellectual property, business relationships or broader litigation.

For more background, see our Legal Guide on how to tell if you have a defamation case.

Defamation matters can involve strict timeframes and sensitive communications. Contact us before sending or responding to formal correspondence.

What is Defamation?

Defamation in NSW refers to a false statement that harms the reputation of an individual or a company. The statement can be made in various forms including spoken words, writing, gestures, or images. The person making the defamatory statement must intend to cause harm or must have been negligent in not realising that the statement was false and would harm the reputation of the individual or company. If you are affected by the false statement, you can bring a civil lawsuit for damages. You need to prove that the defamatory statement was made, it caused harm to their reputation, and the statement was not protected by a defence such as truth or privilege.

The relevant legislation for defamation in NSW is the Defamation Act 2005 (NSW). This Act sets out the definition of defamation, the elements required to prove a claim of defamation, the defences available to a person accused of making a defamatory statement, and the procedures for bringing a defamation claim in court. The Act also provides for alternative dispute resolution options such as mediation and sets out the time limit for bringing a defamation claim.

How can we assist your defamation litigation in NSW?

At Biz Lawyers and Advisory, we offer legal services to assist with defamation litigation in NSW. Our team can help you consider the issues and steps involved in your defamation matter, including:

  • 1.

    Initial consultation and advice: We can provide an initial consultation to discuss your situation, assess your case, and provide you with advice on the prospects of success, potential damages, and legal costs.

  • 2.

    Pre-litigation negotiations: Before commencing legal proceedings, we can assist you in negotiating with the other party to resolve the dispute without going to court, where possible.

  • 3.

    Commencing legal proceedings: If negotiations are unsuccessful, we can assist you in commencing legal proceedings by preparing and filing the necessary court documents.

  • 4.

    Discovery: We can assist you in the discovery process, where both parties disclose relevant documents and information to each other.

  • 5.

    Preparing evidence and witnesses: We can assist you in preparing evidence and identifying relevant witnesses to support your case.

  • 6.

    Representation in court: Our litigation lawyers can represent you in court, including attending mediation, arbitration, or trial.

  • 7.

    Appeals: If necessary, we can assist you in appealing a court decision.

  • 8.

    Alternative dispute resolution: We can advise you on alternative dispute resolution options, such as mediation or arbitration, to resolve your dispute outside of court.

At Biz Lawyers and Advisory, we understand that defamation litigation can be complex and stressful. That's why we provide a personalised service to our clients, working closely with you to understand your unique circumstances and providing support throughout the litigation process.

Defamation

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