Posted by: Angelo Venardos | Date: 28 May 2015
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 publication, who the statements were published to and the remedy sought.
The publisher of the defamatory statement will then have an opportunity to make an Offer to Make Amends in order to avoid the defamation action being pursued further.
Under section 14(2) of the Defamation Act 2005 (Qld) a notice constitutes a Concerns Notice if:
Defamatory imputations are the implications that an ordinary reader would draw from the published statements. These insinuations can be drawn in three ways:
There can be several defamatory imputations that stem from the one statement. It is important that all defamatory imputations are outlined in the Concerns Notice.
The publisher of the defamatory material has 28 days, from the date of receiving the Concerns Notice, in which to make an Offer to Make Amends.
An offer to make amends may include, but is not limited to:
An offer to make amends must be in writing and be readily identifiable as an Offer to Make Amends.