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QLD Accused of Stealing from a Friend - Slander or Defamation?

Discussion in 'Defamation Law Forum' started by Gary, 5 January 2016.

  1. Gary

    Gary Active Member

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    Background:

    I live in a boarding house in Brisbane. There are 5 guys in 5 rooms. One guy went away to work on the islands and a friend of mine, an acquaintance of his, needed a short term place to stay after being assaulted (her word only) and asked to leave the property. She agreed to pay 150 of the 190 per week but didn't pay. Eventually, she paid 150 to me and he said to hold it for him till he returned. This left her still in arrears by another week.

    In the meantime, the bloke whose room it was had words with me and I told him that I didn't want to look after his affairs and I'd put the money in an envelope and stick it under his door. At the last minute I changed my mind, concerned that she would just take it and stuck it on the mantle to give him on his return.

    The night before she moved out, last night, she told me that she had put money in his account and she and he had sorted it and everything was sweet. Based on her previous form, I didn't believe her and when she left, I sent a text asking if the money was in his account. She then started to accused me of stealing his 150.

    Despite me repeatedly saying his money was available to him anytime and asking her to stop calling me a thief she has continued to do so...

    Is this slander or defamation, and if so what is the first course of action?
     
  2. Sophea

    Sophea Well-Known Member

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    Hi Gary,

    In order for something to be defamation you need to prove that:
    1. someone else (a natural person, company or incorporated association) communicated information to another person or other people (other than yourself);
    2. the information identifies you or makes it clear to others that the communication is about you; and
    3. the information is defamatory.

    It can be defamatory for someone to say that you are dishonest or accuse you of a criminal offence.

    Check out this article: Have You Been Defamed? What You Need to Know About Defamation Law in Australia - Legal Blog - LawAnswers.com.au
     

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