Our legal professionals specialise in defamation law and the protection of your reputation from defamatory and damaging publications, either online or otherwise.
Don’t Let Defamation Ruin Your Business
Expert Defamation Lawyers
Defamation is a serious matter that can have a significant impact on a person’s reputation and business. At Stonegate Legal, we are well-versed in the complexities of defamation law and understand the importance of taking swift action to protect your interests. If you suspect that you have been the victim of defamatory comments or actions, it is crucial to seek legal advice as soon as possible.
As expert defamation lawyers in Queensland, we have extensive experience in navigating the Defamation Law Act 2005 (Qld) and can provide you with the guidance you need to pursue a defamation claim. We will work closely with you to understand the details of your situation and provide you with a clear understanding of your legal options. Our team will ensure that you are fully informed at every stage of the process, and we will work tirelessly to protect your rights and reputation.
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Defences to defamation
This defence requires the defendant to prove that the defamatory statement is true.
This defence applies when the defendant can prove that the imputations made by the statement were substantially true.
This defence applies when defamation occurs in certain types of proceedings, such as court proceedings or parliamentary proceedings.
This defence applies when the defendant can prove that the defamatory material was contained in a public document.
This defence applies when the defendant can prove that the defamatory material was a fair and accurate report of a public meeting or court proceeding.
This defence applies when the defendant can prove that the defamatory publication was made in response to an individual’s request for information or to protect their interests.
This defence applies when the defendant can prove that the defamatory material was made in good faith and based on an honest opinion.
This defence applies when the defendant can prove that they did not know the defamatory statement.
This defence applies when the defendant can prove that the defamatory statement was so insignificant or trivial that it is not actionable.
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The Defamation Process
The defamation process can be complex and overwhelming, but with the right guidance and support, you can protect your reputation and seek justice for any harm caused. If you believe that you or your business have been defamed, the first step is to seek legal advice from our team of experienced defamation lawyers.
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Before taking legal action, it's important to consider whether the statement made about you or your business is defamatory, whether it has caused harm to your reputation, and whether legal action is the best course of action. Seeking legal advice at this stage is recommended.
If you decide to pursue a defamation claim, you must send concerns to notice to the person or entity responsible for the defamatory statement. The notice sets out the details of the statement, the harm caused, and the remedy sought.
If the concerns notice does not result in an acceptable response, you can file a claim in court. In Australia, defamation claims are generally heard in state and territory courts.
If the matter proceeds to trial, both parties will present their evidence and arguments before a judge and/or jury. The burden of proof is on the plaintiff (the person making the claim) to prove that the statement was defamatory ns caused harm to their reputation.
If the plaintiff is successful in proving their case, the court may award damages (financial compensation) to compensate for the harm caused by the defamatory statement. The court may also order a retraction or apology and/or an injunction to prevent further publication of the defamatory statement.
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Frequently Asked Questions
Defamation is a false statement made about someone or their business that causes harm to their reputation. It can be spoken (slander) or written (libel).
The amount of damages awarded in a defamation case depends on the nature and extent of the harm caused by the defamatory statement. The court may award both compensatory and punitive damages, depending on the circumstances.
A defamation lawyer can provide advice on the merits of a claim, assist in the preparation and filing of court documents, and represent you in court. They can also advise you on strategies to prevent or reduce the harm caused by a defamatory statement. A defamation lawyer can help you determine whether to pursue legal action, and if so, how best to proceed.
It depends. Often, the matter can be resolved without going to court. However, if the matter cannot be resolved amicably, then it may need to proceed to court for a resolution.
The time limit for filing a defamation claim varies by jurisdiction. Generally, you must file the claim within 12 months of the statement being made. If you do not file within this time period, you may be prevented from pursuing legal action.
Defamation lawyers can provide advice on the merits of a claim and strategies to help prevent or reduce the harm caused by a defamatory statement. They can also assist in the preparation and filing of court documents and represent you in court. Furthermore, they may also be able to negotiate a settlement without going to trial.