For a defamation action to succeed there are three elements which must be established ultimately to the court’s satisfaction. They are:

1. The information was published by the proposed defendant.
2. The material which was published identifies the plaintiff and;
3. The material which was published and identifies the plaintiff is defamatory.

Any person or legal entity including local governments, companies and incorporated associations can be liable for defamation. It is also open to the person defamed to bring proceedings against those who contributed to the publication of the defamatory material which could include the original author of the material, the publisher, journalists, television and/or radio stations who also are complicit in the publication of the defamatory material.

There is a very strict time limit of one year from the publication of the defamatory material for the purpose of commencing proceedings. In the event that you have been defamed it is imperative that you contact Brydens Lawyers as soon as possible for expert legal advice and representation to determine whether a claim is available and if so, the way forward.

Contact Brydens Lawyers to arrange a consultation to discuss the defamatory conduct.

If you are looking for a lawyer who has experience in Defamation law, you should contact Brydens Lawyers. Our Commercial Team have a history of protecting clients from reputational damage and in providing advice in relation to reputational risk.