Defamation Lawsuits: Protecting Your Reputation and Seeking Damages
Defamation occurs when something is written, said or published about another individual or company, tarnishing their public image in a negative way. It can be done intentionally or unintentionally, either way, you can still be accused of defamation. As soon as something is published or made public, it is subject to defamatory claims. This is why, especially in a business context, one should always be cautious about what they say regarding their competitors and other individuals or companies in the same industry. In this article, Resolute Legal discusses how defamation lawsuits work, and how you can protect your reputation.
Defamation Lawsuits Explained
In order to bring forward a defamation lawsuit, at least one person (other than the one being defamed) had to have heard the false information. This information must also cause an ordinary person, if they heard or saw the comment, to think less of the person/company being defamed. Defamation lawsuits can be extremely drawn out, and require an extensive amount of legal work. For the best defamation lawyers Townsville has to offer, the team at Resolute Legal can help.
Steps to Bringing a Defamation Lawsuit Forward
The person/company being defamed must take the following steps in order to bring a claim forward and protect their reputation:
- Cease and Desist Letter: A cease and desist letter is a document sent by a lawyer to the party making the defamatory claims. It shows that you plan to take legal action against them if they don’t stop their conduct.
- Concerns Notice: A new law brought into effect in 2020 makes it mandatory for an individual being defamed to send a concerns letter prior to taking the claim to court.
- Attempt to Settle: Settling outside of court is often the preferred way forward for both parties, as litigation can be an extremely costly path to take.
- Commencing Proceedings: This is essentially taking the matter to court, and giving a judge the power to deal with the matter. Defamation lawsuits are usually heard in the Federal Court of Australia or a State Supreme Court.
With years of experience, Resolute Legal offers the highest quality solicitors Townsville has to offer to assist you in a defamation claim or to defend yourself against one.
To find out more or to contact the most trusted lawyers Townsville has available, reach out to us today.