Defamation laws attempt to strike a balance between protecting a person's reputation and allowing freedom of speech. If you’re not sure how to deal with defamation of character or if you can claim damages for loss of reputation, or if you’ve received a concerns notice or claim alleging something you said or wrote was defamatory, it’s important to seek legal advice from a specialist defamation law firm as quickly as possible.
Defamation law is complex, and if you don’t seek help as early as possible, you may not be able to receive defamation compensation or might lose your opportunity to defend a claim. You only have 28 days after receiving a concerns notice or a claim brought in South Australia's Magistrates, District or Supreme Court to respond, and there is a strict one year limitation period to institute court proceedings for defamation.
There can be serious consequences if you do not act within this time.
Our defamation of character lawyers in Adelaide and regional South Australia have experience in both making claims and defending them. We regularly act on behalf of clients who’ve experienced personal reputational damage, as well as those who’ve had their professional and business reputations harmed and subsequently suffered a loss.
Our defamation solicitors have won some of the most significant defamation compensation payments in South Australia, including Chakravarti v Advertiser Newspapers, which went to the High Court. In that case, our client was awarded the highest amount of damages ever paid in a defamation action in South Australia at the time.
In Australia, defamation of character occurs when a person publishes material about you to a third party or parties, which effectively harms or damages your reputation. This includes commercial, business, and professional reputational damage.
Defamatory content can be published verbally or in written form, including by letter, in a newspaper article, or online.
As of 1 July 2021, amendments to the Defamation Act came into force, which introduced the ‘serious harm threshold test’.
From this date, a person must have suffered, or be likely to suffer, serious harm to their reputation as a result of the defamatory publication to be eligible for defamation compensation. If a corporation has been defamed, it must have suffered, or be likely to suffer, serious financial loss. But it’s important to note that not all corporations can sue for defamation.
Johnston Withers is a leading defamation law firm, and our defamation solicitors have a significant history of being involved in seminal defamation judgments. Our experience includes:
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