Defamation Lawyers In Sydney
Your Reputation Matters
Your reputation matters. It can shape how you interact with others, the opportunities you are given, and the way you earn your livelihood. This is why it can be really damaging when someone starts spreading lies about you in public. Whilst free speech is valued in our society, the limits of this freedom are reached when what is being conveyed is false or substantially untrue. The law of defamation can help individuals or small businesses who have suffered damage.
Because of the way information spreads it is important to act swiftly when dealing with your reputation. Generally, before commencing court proceedings we will encourage you to seek settlement. This could involve a combination of a public retraction, an apology, a commitment to cease further spread of false information, and in some cases the payment of money for damages. Usually, we are able to get a quick and decisive outcome for our clients at a minimal cost. However, if settlement is not forthcoming, and you are inclined to take further action, we can represent you in court proceedings.
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About Us
With over 10 years of experience, we are specialists in the law of defamation. We provide specialised advice and representation to help you navigate through the difficulties of dealing with defamation.
However, our focus is on building genuine partnerships with people. This means that the most important thing to us is that we provide you with the highest quality service targeted to achieve the outcome you want. Further, we appreciate that is important to you to see a real and proportionate connection between the amount you pay and the value of work we perform. In the majority of cases we are able to give you a fixed and reasonable price.
We have adopted a modern, flexible, and technologically driven approach to the practice of law. By working completely electronically we are able to keep costs (and your bill) to a minimum. You won’t be paying to subsidise expenses such as printing, photocopying, storage, stationary, or underutilised support staff.
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Law Firm & Legal Advice in Sydney
If you have been subject to defamatory statements then you may have a defamation claim.
Defamation
What is defamation?
Defamation is the communication of information about a person, to at least one
other person, that is both untrue and likely to harm their reputation.
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About Defamation
What is the difference between Slander and Libel? In the past, defamatory communications were distinguished for legal purposes:
Libel: Communications that were permanent in nature, such as writing or pictures.
Slander: Passing communications such as oral statements and gestures.
Now, this distinction has been abolished by legislation and false, harmful communications are simply dealt with as defamation. Since 2006, the Australian States and Territories have each implemented legislation that primarily is the same so that the statute law of defamation is uniform in
Australia.
Can a Business be defamed?
Defamation, as it is currently understood, generally does not apply to the reputation of businesses and companies. The law does not consider a business capable of being embarrassed, hurt, upset, or insult by false information. But in practice, reputations are important to how businesses engage with the public. If false information is being spread about your business you may need to consider other options.
Defamation Lawsuit
If you are looking for a Sydney Lawyer who has experience in Defamation law, or for further information in relation to any Defamation issues, please do not hesitate to contact us.
Best defamation lawyers in Sydney
We help court cases across Sydney suburbs such as Parramatta, Penrith, North Sydney, Liverpool, Sydney CBD, Bondi & Manly.
Lawsuit
Elements of a defamation claim
Religious discrimination
Sexual discrimination
Racial discrimination
Compensatory damages
A requirement in a suit for defamation is the communication of the defamatory meaning to a person other than the plaintiff. The meaning may be communicated by any means such as spoken words, signs or gestures, in writing or with images, in person or by broadcast. The act of communication of the defamatory meaning is known as “publication”. The word has a technical meaning and is not limited to newspaper or periodical publications as it tends to be in ordinary speech. A work, a wink or a nod may constitute publication- essentially what is required is that meaning was conveyed to another person. Thorough and detailed legal advice from a Defamation Lawyer can assist you in understanding the complexities and nuances in Defamation Law.
There are multiple ways in which defamatory material may be conveyed. A person may be defamed by way of spoken or written words, pictures, gestures, signs and other visible, non-verbal representations. To prove a case in defamation, a plaintiff must prove three things: meaning, identification and publication. Obtaining legal advice from a specialised Defamation Lawyer could be greatly advantageous if you wish to commence a suit in defamation or are defending an action in defamation.
Firstly, matter which defames a plaintiff is presumed to be false and secondly, it is presumed that a plaintiff has suffered damage as a result of being defamed. There is no single common law definition of what is meant by “defamatory”, although the various tests used do not conflict with each other. It is a person’s reputation, and not his or her pride and esteem, which is protected by defamation law. Reputation is the esteem in which others hold a person, and thus matter that merely hurts a person’s pride or feelings without injuring his or her reputation will generally not be considered “defamatory”. Defamatory material has been held to mean ‘material that would tend to expose a person to ridicule and cause others to shun and avoid’. The concept of a person’s reputation being impugned, rather than that he or she has merely been abused, is a central ingredient of most defamation actions. Furthermore, is defamatory of a person to allege a fault or defect in his character, for example, by calling him dishonest, a hypocrite, a liar or a coward. Comprehensive and lengthy advice from a Defamation Lawyer can assist you in understanding the elements involved in a Defamation action.
Secondly is identification as a plaintiff must establish that the matter was published “of and concerning” himself or herself, that is, that he was capable of being, and was, identified as the object of the defamatory meaning. It is not necessary for any direct reference to have been made to the plaintiff. Material which is on the face of it defamatory is not actionable unless the defamatory imputation can be established as referring to a particular person. This is readily established where the plaintiff is actually named, but a plaintiff may also be identified by reference to his address, occupation, characteristics or actions. Being properly advised by a Defamation Lawyer could be useful in understanding this component.
Religious discrimination is when a person is treated less favourably than another person in a similar situation because of their religion or religious practices. This may be a business or company that does not permit employees to wear items of religious clothing, a shop or restaurant that does not allow the entry of persons of certain religious affiliations or workplace harassment and bullying targeted towards individuals of a certain religion. Proper legal advice in this area of law may be necessary to ensure that you adequately safeguard your rights and entitlements.
Sex discrimination is when a person is treated less favorably than another person in a similar situation because of their gender. This may be because of your sex; marital status; family responsibilities; sexual identity, because you are pregnant or might become pregnant; or because you are breastfeeding. Sexual orientation or sex gender identity discrimination is when a person is treated less favorably than another person in a similar situation because of their sexual preference or sexual identity; this may include lesbians, gays, transsexuals and bisexuals. Examples include; refusal of employment, refusing entry into a restaurant or establishment or a church or place of worship refusing to provide services because of sexual orientation.
Racial discrimination is when a person is treated less favorably than another person in a similar situation because of their race, colour, descent, national or ethnic origin or immigrant status. For example, it would be ‘direct discrimination’ if a financier refuses to loan money to a person due to their descent or ethnicity. It is also racial discrimination when there is a rule or policy that is the same for everyone but has an unfair effect on people of a particular race, colour, descent, national or ethnic origin or immigrant status. This is called ‘indirect discrimination’. For example, it may be indirect racial discrimination if a company says that employees cannot wear head coverings or face coverings as this may unfairly target certain individuals. Aged or elderly workers may bring immense value to the workplace and community. In fact, there is evidence to suggest that it is perfectly normal for aged even elderly persons to be working, driving and active in their community, even though some others may be restricted in movement and require high levels of care.
Defamation of character is a wrongful act where someone makes a false statement of fact about you, and your reputation suffers harm as a result. In this article, we’ll discuss how to calculate your damages in a defamation case — in other words, how to figure out how much your case might be worth.
Types Of Damages
Generally, there are three types of damages in a defamation case: (1) actual damages, (2) assumed damages, and (3) punitive damages. Let’s take a closer look at all three.