Archive for the 'Defamation' Category

7 July 2020

Checking The Facts Before You Write A Review

After a six year battle of defending her opinion, Carrie Curtis, formerly known as Carrie Barlow, has been ordered by the District Court of Queensland (Asbog Veterinary Services Pty Ltd & Anor v Barlow [2020] QDC 112) to pay damages for defamation in excess of $35,000.00, and could be up for more. Throughout October 2014, […]

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5 May 2020

Internet giant Google to pay $40,000 in damages

In the past few years, the success rate of high-profile celebrities and public figures for defamation has popularised the cause of action within the broader community. Australia has effectively become the defamation capital of the world, with over 520 references recorded in 2019, not including those matters that do not reach the Courts. On 30 […]

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3 December 2019

Costly false accusations – Wagner & Ors v Nine Network Australia & Ors

(📸 By Timothy – Flickr: Lake Annand 2, CC BY 2.0, https://commons.wikimedia.org/w/index.php?curid=12650243) On 6 September 2019 in the Supreme Court of Queensland, under the direction of Justice Applegarth, a jury found that Nine Network Australia & Ors (“Nine”) defamed Toowoomba’s Wagner brothers in a 60 Minutes report on 24 May 2015 about the Grantham floods […]

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18 June 2019

Defamation and Bodies Corporate – Can I sue for disclosure of my lot’s financial position?

Is your lot in arrears and therefore “un-financial” at the time of a general meeting, and did your body corporate manager disclose this information to other members? If you believe your body corporate manager has defamed you by disclosing your lot’s financial position during a general meeting, there are a few factors to take into […]

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8 March 2016

What relevance does malicious intent have on defamation proceedings?

It is often the case that my clients ask this very question. Unfortunately, it is common for perpetrators to be motivated by malice when publishing defamatory material and proof of a malicious intent serves to render useless some of the defences that could be relied upon by a defendant in defamation proceedings. How to prove […]

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29 October 2015

Can a company sue for defamation?

Companies are regarded as separate legal entities by law and are entitled to sue for defamation in certain circumstances. Section 9(1) of the Defamation Act 2005 (Qld) (“the Act”) states that, “ A corporation has no cause of action for defamation in relation to the publication of defamatory matter about the corporation unless it was […]

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28 May 2015

What is a Concerns Notice?

What do you do if you have been defamed? If you believe that you have been defamed, then the first step in a defamation action is to issue a Concerns Notice. This notice will usually outline the date on which the defamatory statements were made, what was said, the defamatory imputations that stem from the […]

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21 May 2015

What is the limitation period on bringing an action for defamation?

Time limitation on commencing defamation proceedings Prior to the Defamation Act 2005 (Qld) (“the Defamation Act”), a person had six years from the date of the publication to commence defamation proceedings. Since 2005, the limitation period prescribed under section 10AA of the Limitation of Actions Act 1974 (Qld) (“the Act”) requires a person to commence […]

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