At this point there is nothing to defend and Clara should not be giving them information they can use against her.
WA Being Sued - Defamation Act 2005
- Thread starter Clara J
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So a default judgement is only in the case of court action?
thank you for all the help so far. I'm astounded this is happening, considering I've just read a heap of bad reviews against another accounting firm on True Local which is actually a public forum. I genuinely don't see how this can even reach court to be honest.
thank you for all the help so far. I'm astounded this is happening, considering I've just read a heap of bad reviews against another accounting firm on True Local which is actually a public forum. I genuinely don't see how this can even reach court to be honest.
Yes. It is when you are served court papers and do not defend yourself in court. The trial proceeds without your presence and a default judgement can be awarded against you.
Hence why you should always turn up to court once being served, if only to request an adjournment.
What would happen if they didn't have my address? Can summons papers be filed electronically?
Also, am I able to represent myself? I've called the Citizens Advice Bureau but they're "unable to help as it's not that area of law".
If I don't get a layer and therefore do not respond to the accountants lawyer, should I just wait for a court summons?
Thanks again, sorry if these questions are silly.
Also, am I able to represent myself? I've called the Citizens Advice Bureau but they're "unable to help as it's not that area of law".
If I don't get a layer and therefore do not respond to the accountants lawyer, should I just wait for a court summons?
Thanks again, sorry if these questions are silly.
Can't serve the papers. However process servers will generally find your address.
Court papers cannot be served electronically.
Yes, you can represent yourself. Should you though, is much harder to answer.
Yes, just wait for a summons. They sound like they don't really want to be reasonable so just wait them out.
OK, thank you for all your help. I have emails from the accountant reflecting his poor behaviour and antagonistic, bullying attitude. If it did make it to court, hopefully that would be evidence enough that what I said on the private forum was/is true.
It's alarming me that he said he'd never been through this situation before, but seems very quick to have found a lawyer (in Sydney which is also strange) to support him.
It's alarming me that he said he'd never been through this situation before, but seems very quick to have found a lawyer (in Sydney which is also strange) to support him.
Sounds like you have been served. What date has been given for the court date, and what are the charges shown in the summons?
If you do not understand what is in the summons then you need legal help. You can start with legal aid to see if they can help you.
Make sure you have prepared all your documentation and notes about the alleged incident. Do not ignore the summons else you may get a default judgement against you.
BTW, did you ever receive a demand letter from the lawyer? And if yes, what did they demand?
If you do not understand what is in the summons then you need legal help. You can start with legal aid to see if they can help you.
Make sure you have prepared all your documentation and notes about the alleged incident. Do not ignore the summons else you may get a default judgement against you.
BTW, did you ever receive a demand letter from the lawyer? And if yes, what did they demand?
There isn't a date on there. The dates on both pieces of paperwork state 25th September which is still within the 28 days we are allowed to "make amends". The claim is for defamation. I can't find any charges as such on there.
Legal Aid? I've asked Citizens Advice but they couldn't help. I'll look into legal aid.
I didn't receive a demand letter no. We received a "Concerns Notice" from his lawyer giving us 28 days to make amends. We haven't heard anything since then.
My alarm bells are ringing because the man was random, he refused to give me his name and the documents aren't signed. It's basically his word against mind that I took them from him.
Thanks
_______________________________________________
Sounds like you have been served. What date has been given for the court date, and what are the charges shown in the summons?
If you do not understand what is in the summons then you need legal help. You can start with legal aid to see if they can help you.
Make sure you have prepared all your documentation and notes about the alleged incident. Do not ignore the summons else you may get a default judgement against you.
BTW, did you ever receive a demand letter from the lawyer? And if yes, what did they demand?[/QUOTE]
Legal Aid? I've asked Citizens Advice but they couldn't help. I'll look into legal aid.
I didn't receive a demand letter no. We received a "Concerns Notice" from his lawyer giving us 28 days to make amends. We haven't heard anything since then.
My alarm bells are ringing because the man was random, he refused to give me his name and the documents aren't signed. It's basically his word against mind that I took them from him.
Thanks
_______________________________________________
Sounds like you have been served. What date has been given for the court date, and what are the charges shown in the summons?
If you do not understand what is in the summons then you need legal help. You can start with legal aid to see if they can help you.
Make sure you have prepared all your documentation and notes about the alleged incident. Do not ignore the summons else you may get a default judgement against you.
BTW, did you ever receive a demand letter from the lawyer? And if yes, what did they demand?[/QUOTE]
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