An alternative to defamation for businesses: Injurious Falsehood & Misleading & Deceptive Conduct Defamation and businesses Corporations, and other body corporates have a restriction on standing to sue for defamation, in that, they cannot have more than 10 full time equivalent employees. Likewise, sometimes, establishing serious harm to the requisite threshold can be difficult. For […]
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Protecting brand reputation: Defamation risks for businesses The value of brand reputation in business Brand reputation is an essential and crucial part of any business which sells goods or services. Without a good reputation, a business may be unable to sell its goods or services to enough clients and customers to remain profitable, and thereby […]
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When love turns sour, defamation becomes ripe: A case study of defamation when a relationship goes wrong Occasionally, I published an article which discusses defamation law in the context of a real life defamation case. Today, I am writing about the Victorian County Court case of Wang v Qin [2021] VCC 1906 (the Wang Case). […]
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Section 9 of the Defamation Act 2005 (Vic)2, which is set out below, defines what an excluded corporation is: 9 Certain corporations do not have cause of action for defamation (1) A corporation has no cause of action for defamation in relation to the publication of defamatory matter unless it was an excluded corporation at the time of publication. (2) A corporation is an excluded corporation […]
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Issuing a Concerns Notice in Defamation Cases In most parts of Australia (except Western Australia and the Northern Territory), you must serve a concerns notice before starting a defamation claim. Even after the concerns notice has been served, you must wait a minimum of 28 days before you can go to court. Depending on what […]
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not recorded; further The element of publication – defamation law Publication, as we have previously seen in Defamation Law in Australia¸ which you can read here: https://cpl.allenlaw.au/defamation-law-in-australia/, is one of the four (4) things (or ‘elements’ to use the legal term) a plaintiff in a defamation case will be required to satisfy the Court. Publication […]
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Warning – short limitation periods in defamation actions. Act quickly
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Defamation – the definition of ‘matter’ When reading about the law of defamation in an Australian context, or most other common law jurisdictions, such as the United Kingdom, the word ‘matter’ is commonly used. However, what exactly is meant by the term matter when used in the context of defamation? Well, we at Melbourne Defamation […]
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Defamation & Offensive Language In an entertaining scene from the Red Dwarf, Arnold Rimmer, states to Holly “You’re about as much use as a condom machine in the Vatican”. In a rather long-winded way, Arnold essentially called Holly an idiot. It is common, in this day and age, due to the advent of social media […]
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Defamation Law in Australia The law of defamation is as old as mankind itself and originated from the concept that it was an offence to bear false witness against another. It is one of the oldest laws known to man, and has even been referenced in the Bible, amongst other religious texts. The law of […]
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