We have no money for a solicitor and no solicitor we have spoken to (we have spoken to several) are interested in helping us pro bono.
It's important for anyone that might read this thread to know that you're reading the Act wrong. You will find this helpful when advising in future:I have taken the time to review the relevant legislation and it seems you would be unable to take any action, whether it be to have the post taken down or for damages because you are a charity.
Defamation Act 2005 s. 9(2)(a) -
A corporation is an excluded corporation if —
(a) the objects for which it is formed do not include obtaining financial gain for its members or corporators
An excluded corporation is a corporation that cannot take action for "defamation".
Since you're a charity it would follow the corporation was not formed with the objective of obtaining financial gain.
DM
I've tried may lawyers - no one is interestedI would except I'm not yet qualified See if a lawyer would take it on a no win/no fee basis.
AJ accusing you of fraudulent acts certainly seems like an easy win.
I've replied under your previous commentApologies I may have been presumptive, may I ask what business structure you use for your charity?
You are correct, as I've just explained to DMQC, we don't even fall under that section of the Act - we are not a corporation.DMCQ - you missed clause 1. A corporation has no cause of action UNLESS they are an excluded corporation.
MLC's charity would be an excluded corporation under s 9(2)(a) or possibly s 9(2)(c)
No, we haven't tried beyond solicitors. We (2 of us) are trustees but we are only part time volunteers because we both suffer from the medical condition our organisation represents. We wouldn't know where to start re: looking for a barrister or QC and we don't really have the time to send endless random letters to barristers and QC's in the hope one will be interested.Are you an excluded Corporation? - Yes, regardless on the exact structure of your corporation/trust/charity (based on what you've said). Therefore, you are not excluded from having a cause of action.
The act that should be referred to is Defamation Act 2005 (Vic). This act is part of the introduction to uniform defamation laws adopted across Australia.
Have you only spoken to solicitors/firms? Try a barrister maybe even a QC, you'd be surprised how many can and do accept briefs directly and often pro bono.
No we haven't tried beyond solicitors. We (2 of us) are trustees but we are only part time volunteers because we both suffer from the medical condition our organisation represents. We wouldn't know where to start re: looking for a barrister or QC and we don't really have the time to send endless random letters to barristers and QC's in the hope one will be interested. Don't get me wrong, if we could we definitely would. It's not about us not making this a priority but our condition literally limits the amount of time we have. A fact this ridiculous women is no doubt taking advantage of.