WA Being Sued - Defamation Act 2005

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Clara J

Well-Known Member
12 September 2014
33
1
124
How would the court see a claim before them where the applicant has not provided any demand in writing, or time for that demand to be met? Surely there is a test of some sort that the claimant must provide what they are claiming to a party, so they may either pay the demand, or otherwise defend it BEFORE any court action is appropriate.

He sent through a concerns note from his lawyer asking for an apology to be placed on the same private facebook page. I refused to do that as the apology he requested wasn't true and had no relation to what I'd actually said. The comment on the page was deleted within hours of it being posted. I put in a complaint to the Consumer Protection and the next day the Writ of Summons was filed. Still WITHIN the 28 days hat I had to make amends.
 

Safety Rod

Well-Known Member
3 September 2014
24
1
124
Legally, you don't need to do anything unless you are ordered to by a court. A sensible thing to do is what has been stated already and just defuse the situation. Your complaint to Consumer Protection has nothing to do with the other parties claim against you.
 

Clara J

Well-Known Member
12 September 2014
33
1
124
Legally, you don't need to do anything unless you are ordered to by a court. A sensible thing to do is what has been stated already and just defuse the situation. Your complaint to Consumer Protection has nothing to do with the other parties claim against you.
No it doesn't but it's obviously rattled his cage which is why he filed the Writ. As far as I'm concerned I feel deeply frustrated about his behaviour towards us as honest, productive people. I've never been spoken to by a professional the way he spoke to me and feel like I'm stuck between a rock and a hard place. We paid for something we didn't get and are now being sued for having an honest, valid and justified opinion. The whole thing is a farce
 

Safety Rod

Well-Known Member
3 September 2014
24
1
124
As far as I see, you are putting part of your defense to us. This is stuff you need to save for the court if you get that far.
 

Clara J

Well-Known Member
12 September 2014
33
1
124
As far as I see, you are putting part of your defense to us. This is stuff you need to save for the court if you get that far.
I was seeking advice but now I'm concerned there are more people out there who are prepared to screw me over.