In Australia there is a national defamation law. In Tasmania that national law is contained in the Defamation Act (Tas) 2005.
You may have a cause of action for defamation if someone publishes defamatory matter about you to other people. If so, finding an experienced defamation lawyer in Tasmania is vital to finding a remedy.
A publication may be found to be defamatory if the published matter (words, images etc.) conveys a meaning or imputation which would be likely to cause an ordinary person in your community to think less of you. A defamation solicitor in Tasmania like Whitelaw Legal Group can advise you on your options.
It comes down to the natural and ordinary meaning of what has been published. It comes down to what an ordinary reasonable person would understand from the publication.
It is an objective test, and it does not depend on what the person who publishes the words/images intended.
You need to consider whether the published material is truly harmful to your reputation in your community. The legal test is whether the defamatory material is likely to cause serious harm to your reputation and a defamation lawyer can help you determine this.
The Court has power under the law to issue an injunction to stop further publication of the defamatory material, to have it removed and also to award compensatory damages.
However, before you can go to Court you must attempt out of court resolution of your claim. This is done by having your lawyer prepare and serve on the person you allege has defamed you a Concerns Notice, giving that person a chance to make amends. This concerns notice will set out the details of what you are complaining is defamatory and to give the person sufficient time to respond and make amends – e.g., by offering a public apology.
Most Tasmania defamation law firms start charging you the moment you get your foot through the door. And for most people, the costs can get steep very quickly. And yet going to court without proper legal representation leaves you open to attack and undesirable outcomes.
Whitelaw Legal Group is a defamation law firm you can trust. You don’t pay unless we deliver real results. We are less focused on accounting and more intent on sorting out your legal issues. Our Burnie lawyers are here to serve.
Welcome to a new kind of legal practice. We founded our law firm with the goal of helping small businesses in our community. Get legal support from a defamation solicitor Tasmania. Whitelaw Legal Group is your friendly Burnie defamation law firm.
Call us on 03 6251 1730 or email us on admin@wlgroup.com.au and make an appointment.
