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.
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
- Social Media Defamation
- Defamation in the Media
- Online Slander & Libel
- Workplace Defamation
- Reputation Harm
- Defamatory Reviews
- Professional Defamation
- Workplace Defamation
- 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:
- A false and defamatory communication purporting to be fact has been made (written, spoken, illustrated, published, posted online).
- The communication has been made or published to a third person that identifies the plaintiff directly or indirectly.
- the material has caused, or is likely to cause, serious harm to the reputation of the plaintiff.
- 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
What is defamation under Australian law?
Defamation is the publication of material that causes a reasonable person to think less of the subject, exposing them to hatred, contempt, or ridicule, or causing others to shun or avoid them. The Defamation Act 2005 (NSW) governs defamation claims and was significantly amended in 2021.
What is the serious harm threshold introduced in 2021?
Since 2021 amendments to the Defamation Act, a plaintiff must establish that the publication caused, or is likely to cause, serious harm to their reputation. This threshold was introduced to deter trivial claims. For companies that can still sue, serious financial loss must be shown.
What defences exist to a defamation claim?
Key defences include truth (justification), honest opinion, qualified privilege, and the public interest defence. Each has specific requirements. HG Law advises on which defences apply to your situation and the strength of your position before proceedings are commenced.
Can a company sue for defamation in NSW?
Under 2021 reforms, companies with 10 or more employees can no longer bring defamation claims in NSW and other participating states. However, directors and individual employees whose personal reputation was damaged may still have personal claims.
How quickly must I act on a defamation matter?
The limitation period for defamation in NSW is one year from the date of publication. Courts have discretion to extend this in exceptional circumstances, but acting promptly is critical. HG Law can advise on urgent interim remedies including injunctions to remove defamatory material.
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