Defamation Lawyers Sydney

If you have been subject to defamation, slander, or libel, then you may be able to pursue action and legal recourse through a defamation case.

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    Defamation, Slander & Libel Lawyers Sydney

    Heathfield Grosvenor is an experience defamation law firm in Sydney that works with individuals, small businesses, and large companies to pursue cases that have caused defamation and damage to individual or business reputation.

    If you are a current victim of defamation in New South Wales and believe that ongoing actions may continue to cause harm to your reputation, you may seek an interlocutory injunction that prohibits materials being published until your case is decided before a court.

    Defamation Lawyers Sydney

    What is considered to be defamation?

    Defamation is a defamatory communication about the plaintiff that has been published to a third person that identifies the plaintiff where no legal defence applies.

    Defamation law in Australia treads a careful line between free speech with protecting individuals against reputational harm which may cause them damage. Under Australia’s defamation laws, defamatory statements may include written materials (online or print), images, or spoken statements.

     

    Types of defamatory matters that we handle

    1. Social Media Defamation
    2. Defamation in the Media
    3. Online Slander & Libel
    4. Workplace Defamation
    5. Reputation Harm
    6. Defamatory Reviews
    7. Professional Defamation
    8. Workplace Defamation
    9. Injurious Falsehood

     

    What is required to prove defamation?

    In order to prove prima facie defamation in Australia, you must prove that the statements made meet four criteria:

    1. A false and defamatory communication purporting to be fact has been made (written, spoken, illustrated, published, posted online).
    2. The communication has been made or published to a third person that identifies the plaintiff directly or indirectly.
    3. the material has caused, or is likely to cause, serious harm to the reputation of the plaintiff.
    4. No legal defence applies.

    Defamatory statements can cause serious reputational damage against a person or entity and have the capacity to change the way that people feel towards the victim. As such, it is critical that defamatory statements are held accountable to the law and that offending parties face appropriate legal action.

    Types of defamation

    In Australia, defamation is grouped into two main categories:

    1. Slander

    A statement which is untrue which is spoken about someone and intended to cause harm to their reputation.

    2. Libel

    Defamatory statements in written form (print, online, digital transmission) is classified as libel.

    Both forms of defamatory statements (spoken and written) are treated in the same light under the law.

    Taking legal action against defamation in New South Wales

    If you believe that you have been the victim of defamatory statements made as a result of slander or libel in New South Wales, then you have 12-months from the data of the offence to take action. 

    Under certain circumstances this limitation may be extended in cases where it was not reasonable for the plaintiff to have commenced action within this period.

    Taking action against defamation in NSW must be done by lodging a statement of claim that outlines the details and nature of the defamatory material. The statement does not relate to whether or not that statement is deemed to be defamatory – that is a matter that will be determined through the courts. Rather, the statement is an intention to commence action against an offender who you believe has made statements that are intentionally false or malicious.

    Working with a specialist defamation lawyer in Sydney like Heathfield Grosvenor Lawyers ensures that you take the correct legal action and follow the necessary processes to achieve the best outcome. Together, our experienced Sydney defamation law team will guide your case to ensure that it is settled in a satisfactory manner.

    Frequently Asked Questions

    Can Defamation Matters Be Settled Outside of Court?

    In New South Wales, defamation matters can be settled outside of the court through legal mediation.

    Parties involved in defamation cases may choose to settle matters outside of court to avoid drawn out legal proceedings. The Defamation Act 2005 provides a mechanism for publishers to make offers to a person who alleges to have been defamed.

    Alternative resolution methods including mediation and negotiation for defamation cases in NSW are intended to avoid the time, expense, and public scrutiny that may be caused by a court trial. Settling defamation matters through legal mediation is only possible where both parties agree to settle the matter outside of court in conjunction with professional legal advice. When in doubt, it’s essential to seek legal advice from a defamation law specialist.

    Can defamation be verbal (spoken word)?

    Yes, oral defamation falls under the classification of slander and can be used in a defamation lawsuit in New South Wales to provide that defamatory actions have occurred.

    Verbal defamation covers any statements that are deemed to be purposely false or misleading in public that may cause reputational harm to those mentioned.

    Is it difficult to prove defamation?

    It depends on the defamation that has taken place. If the plaintiff has been identified by the communication then it is necessary to show the matter complained of is capable of being defamatory of the plaintiff and also to prove the defamatory meaning is in fact conveyed by the words used. To understand whether libel or slander that has been made towards you can be pursued, it is best to consult with one of our defamation lawyers who can provide tailored advice and guidance.

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