Stonegate Legal acts for people and businesses across Queensland who have been defamed, who have been accused of defamation, or who want advice before they publish. We assess the publication, the harm and the defences, then tell you plainly whether action makes sense.
Your details are strictly confidential.
Defamation is the publication of material that identifies a person and lowers their reputation in the eyes of others. Under the Defamation Act 2005 (Qld), a claim also needs serious harm to reputation, caused or likely. Hurtful or untrue words are not enough on their own, and defences such as truth, honest opinion and qualified privilege can apply.
Most disputes are resolved by correspondence, starting with a Concerns Notice. Others settle through negotiation or mediation, and a smaller number go to court.
Defamation is a core part of our practice. Our team has handled more than 70 defamation disputes, many of them resolved without court proceedings. Our principal, Wayne Davis, received a Mondaq Thought Leadership Award (Autumn 2024) for his complete guide to social media defamation.
We act on both sides of defamation disputes, for people defamed and people accused, so we test your position the way the other side will. We also give advice before you publish a review, statement or article.
Where a claim is worth making, you can start with a fixed-fee Concerns Notice for suitable matters, covering review, preparation and delivery. If it isn’t worth pursuing, we’ll say so.
A bad review or an angry post can feel defamatory without meeting the legal test. Before you act, it helps to know whether you are identified, what an ordinary reader would take from the words, who saw them and what harm can be shown. If you run a business, it matters whether the post is about you personally or your company, because most companies cannot sue.
A lawyer can also tell you what the dispute is likely to cost, and whether removal, a correction or an apology is realistic.
As your defamation lawyers, we can help you:
The clock starts at publication. A claim generally has to be filed within 12 months, and a Concerns Notice must usually be given first, so the real window is shorter.
If someone says you have defamed them, we can help you:
An accusation is not a finding. You have time to respond properly, and often more options than you think.
Posting again, replying in anger or deleting material without keeping a copy can all make your position harder. Keep everything, note when the complaint arrived and get advice before you answer it. Your evidence for what you said, and why you said it, is often the most important material in the case.
We look at the full publication, the meanings the other side alleges and the defences that may apply, then advise on a reply, an offer to make amends or a defence. If the complaint doesn’t describe a real claim, we will tell you.
If you have received a Concerns Notice, the period to make an offer to make amends is generally 28 days, so bring the notice to us early.
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A defamation claim in Queensland generally has to start within one year of the date the material was published.
Leaving a post online does not usually restart the clock. Under the single publication rule, later access to the same material is generally treated as published on the first date.
A court can extend the period, up to three years, only if it is just and reasonable to do so.
Extensions are not routine.
Record when the material went up and when you first saw it.
After a Concerns Notice is given, the publisher generally has 28 days to make an offer to make amends.
A claim usually cannot be filed until that period has passed.
An offer can include removing the material, publishing a correction or apology, and paying compensation or costs.
If a reasonable offer is made in time and refused, it may later be a defence.
For both sides, this window is often where the dispute is decided.
If a Concerns Notice is too vague, the publisher can ask for reasonable further particulars.
The complainant then has 14 days, or a longer agreed period, to provide them.
Miss that deadline and the Concerns Notice is treated as never having been given.
The 12-month limitation period keeps running in the meantime.
That is why the notice should identify the publication, the meanings and the serious harm clearly the first time.
Client satisfaction is our top priority. We’re proud to have helped hundreds of clients across the Sunshine Coast and Brisbane reach the outcome they were looking for.
Online material moves quickly. Posts are shared, edited and deleted, accounts disappear, and the people who saw a statement forget the detail. A claimant who waits loses evidence and time, and a publisher who waits can lose the chance to settle on sensible terms.
Where delay tends to cause problems:
Early advice gives you a clear view of your position while the evidence is fresh and every option, including settlement, is still open.
Defamation can arise wherever words reach other people. These are the disputes we see most often across Brisbane and the Sunshine Coast, for claimants, for people accused and for people who want advice first.
A harsh review is not always defamatory. We separate honest opinion from false statements of fact, and assess whether the review has caused serious harm to you or your business.
Posts, reels, stories and comment threads can travel well beyond the original audience. We capture the material in full and advise on removal, a Concerns Notice or court action.
When you don’t know who posted, the first job is finding out. We advise on the steps available to seek the publisher’s identity so that a claim can proceed against the right person.
Most companies can’t sue for defamation, but a company with fewer than 10 employees that is not part of a larger group may. We also check whether the owner has a personal claim.
If you have been accused of defaming someone, we review the publication, the meanings alleged and the defences of truth, honest opinion, public interest and privilege that may apply.
About to publish an article, open letter or review? Send us the full draft. We point out the meanings readers may take from it and the risk of a claim if it goes live.
Free, confidential 30 minute consultation. No obligation.
