Top Defamation Lawyers in Canberra

Top Defamation Lawyers in Canberra

Top Defamation Lawyers in Canberra

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    The law of defamation in Australia

    The law of defamation in Australia seeks to protect a person’s reputation and prevents the unjustified degradation of a person’s character and good standing through inaccurate, slanderous, and malicious portrayal of their characteristics. Defamation law deals with false statements that harm an individual’s standing in the community. Under Australian law, defamation occurs when a person makes a false statement about another that damages their reputation. This can be done through various mediums, including spoken words (slander) or written statements (libel).

    To succeed in a defamation claim, the plaintiff must generally prove that:

    1. The Statement is Defamatory.
    2. The Statement Refers to the Plaintiff.
    3. The Statement Was Published.
    4. The Statement is False.
    5. No Defences Apply.

    Australian defamation law also provides for remedies including damages and injunctions. Damages are awarded to compensate for harm to the plaintiff’s reputation, while injunctions may prevent further publication of the defamatory material.

    Contact us today — our experienced lawyers can help you navigate your defamation case and protect your reputation.

    Defamation claims could be made in the District Court, Supreme Court or the Federal Court, although most proceedings are heard in the District and Supreme Court based on the amount of damages claimed.

    Defamation, like claims arising from trespasses to persons, is actionable per se. This means that the plaintiff is is not required to prove evidence of damages as the mere exposure to defamation itself entitles the plaintiff to compensations in the form of non-economic loss. This is capped by Section 35 of the Defamation Act, and the cap is adjusted annually.

    However, if the plaintiff is able to prove economic losses, such amount could be awarded in addition to the non-economic losses discussed above as special damages.

    The plaintiff may also be entitled to aggravated compensatory damages, depending on the circumstances of the facts and the case.

    Defamation proceedings are not based on the literal meanings of words, but imputation of the publish materials. In another word, it is the conveyed meanings of the publication that requires attention of the plaintiff.

    Once the limitation period has passed, a prospective plaintiff may no longer sue in defamation. 

    Usually, the limitation period is 12 months, although materials published on the internet could have indefinite limitation period as long as the material remains published on the internet.

    However, not everyone could sue for defamation.

    Some companies are barred from bringing a claim in defamation.

    Defamation could also not be brought by, or against a deceased estate. Incidental to this principle, defamation proceedings must extinguish if the party involved in it passes away.

    Why Choose Us

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    Our expert lawyers specialize in handling defamation cases to protect your reputation.

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    If you’ve been defamed, our skilled lawyers offer effective legal strategies to address and resolve the issue.

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    Our experienced lawyers provide strong representation to help you seek justice and reclaim your good name.

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    From filing claims to court representation, our comprehensive legal services cover all aspects of defamation cases.

    Book in a consultation with us today

    Our team will give you expert advice that has been specifically tailored to your case.

    About Brightstone Legal

    Brightstone Legal, established in Sydney, Australia, has now expanded to a branch in Canberra, with the aim of delivering practical legal solutions to our clients. We offer various services tailored to various industries and sectors, including corporate advisory, dispute resolution and litigation, criminal and traffic law, immigration law, family law, real estate, and notarisation.
     
    Our lawyers are dedicated to providing precise legal services based on their expertise, extensive cross-border knowledge, and local experienc
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