Defamation

What is Defamation

Defamation represents a very complex and demanding area of law, and therefore calls for expert legal advice. Whether you want to make a claim or to defend one, getting it wrong can be costly.

Slade Waterhouse Lawyers can provide quality legal advice, assistance and representation for all legal matters related to Defamation.  Our defamation lawyers have an in-depth understanding of the law in this very complex area.  We can apply that knowledge, along with a wealth of experience, to advising on issues of defamation that arise in print, internet or broadcast media.

Our Brisbane based lawyers can represent plaintiffs or defendants and we are well placed to do so in Brisbane and Sydney alike.  If you need legal advice, assistance or representation for matters related to Defamation, then you need the expert help of Slade Waterhouse Lawyers.

The Uniform Defamation Acts have recently been amended in Queensland and New South Wales, making it mandatory to issue a Concerns Notice before commencing a claim in court. We have years of experience in drafting detailed and highly effective Concerns Notices and we can help you do the same.

The recent amendments also created some new privilege defences but they removed the s33 defence of Triviality in favour of imposing a “serious harm” threshold test.  The element of serious harm now has to be addressed in the Concerns Notice and has to be pleaded in the Statement of Claim.

The limitation period has also undergone some changes.  With the introduction of the single publication rule, material on the internet is now taken to have been published on the date when it first uploaded, rather than each every time someone new downloads (reads) it.  That is a significant change in the law in Australia and it could have an impact on when the time limit to bring a claim expires.  On the upside, the test to obtain an extension of time to limitation period has been made easier.

The recent amendments also had an impact on the general damages for non economic loss that can be claimed.  With effect from 1 July 2021, the statutory cap on damages increased to $432,500; Queensland Government Gazette, Defamation Act 2005 Declaration under Section 35(3), 387(34), p 194, 18 June 2021, accessed 1 July 2021.

For more information on the law of defamation, including its relevant defences, visit www.defamationbarrister.com.au

For quality legal advice and assistance in matters relating to Defamation call Slade Waterhouse Lawyers in Brisbane on (07) 3839 9834 and find out how our experienced legal team can help you today.