VIC Bankruptcy defamation

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River83

Active Member
20 May 2020
5
0
31
Hi.

So you send a concerns notice after your small family business was defamed by post on social media. The defendant ignores the concern notice. Assumed because they didn't have the finances for legal services. If the defamation case was to be pursude with taking court action if the defendant went bankrupt, would that stop the defamation lawsuit from progressing? Or can it continue on? I guess what im wanting to know is by the defendant going bankrupt will that stop court case or if it continues will it only end in a pyrrich win and never see any money? My knowledge the defendant has very little money isn't a home owner. The defendant isn't posting defaming post anymore and deleted it quickly but seems others screen shot and it still gets around from time to time. But they are the original author so they are the one to sue? Or action against those sharing?
 

Rod

Lawyer
LawTap Verified
27 May 2014
6,718
924
2,894
Probably give up on the original publisher, but you can go against the others.