What 'amends' are they seeking?
What court and court location is listed on these papers?
WA Being Sued - Defamation Act 2005
- Thread starter Clara J
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What 'amends' are they seeking?
What court and court location is listed on these papers?
The lawyers are in Sydney and the letter (identical to one I found on the internet) says The District Court of Western Australia. [Moderator redacted - Breach of Community Guidelines] You've been incredibly helpful.
I'm struggling to figure out if this is a bluff. The papers aren't signed by the random man. He was South African - the same nationality as the Accountant which seems a little convenient and the dates don't work out properly. I'm a bit miffed why he came round to my house, refused to give his name and then became very aggressive when I got the plate rego of his car.
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Sorry I didn't see the top part. They wanted a public apology to be put on the "Poms in Perth" facebook page and for it to be up there for a minimum of 24 hours. The original post wasn't even up for 5 hours, so why should the apology be higher? I've just looked a bit deeper and the guy who must had told the accountant is no longer on POMS in Perth. His name is listed on the court papers which I also think is odd.
If the person who delivered the papers is a process server he doesn't sign them. If papers are genuine court papers it will tell you what to do next. You should have someone look at the papers to ascertain whether or not they are legitimate court papers, or alternatively call/visit the court that is mentioned in the papers and ask them what you should be doing. They will not give legal advice but should explain the court processes to you.
Re: Demand. It is not an onerous demand, maybe some kind of wishy-washy apology can be given like: "I am sorry I posted comments about ......" and you can avoid some stress
Avoiding court is nearly always good. Bad things can happen in court rooms
Re: Demand. It is not an onerous demand, maybe some kind of wishy-washy apology can be given like: "I am sorry I posted comments about ......" and you can avoid some stress
Avoiding court is nearly always good. Bad things can happen in court rooms The papers are identical to those I found on the internet - they state...
"You are commanded that,within 10 after the service of this Writ on you,exclusive of the day of such service, you can cause an appearance to be entered for you in the District Court in an action at the suit of the above named Plaintiff; and take notice that in your default of your so doing the Plaintiff may proceed therein and judgement may be given in your absence." Does that mean I'll be given a court date within 10 days of this letter?
Do you recommend me contacting the lawyer and offering an apology on the Facebook page?
Also are the 28 days working days, or calender days. Working days I still have time, calendar days I do not. However the date of the Writ is WITHIN the 28 days either day.
"You are commanded that,within 10 after the service of this Writ on you,exclusive of the day of such service, you can cause an appearance to be entered for you in the District Court in an action at the suit of the above named Plaintiff; and take notice that in your default of your so doing the Plaintiff may proceed therein and judgement may be given in your absence." Does that mean I'll be given a court date within 10 days of this letter?
Do you recommend me contacting the lawyer and offering an apology on the Facebook page?
Also are the 28 days working days, or calender days. Working days I still have time, calendar days I do not. However the date of the Writ is WITHIN the 28 days either day.
I'm no expert on court papers, need a lawyer to comment. Call/visit the court house and ask them to explain what it means. They can also confirm whether or not the papers you received are official court documents. Visit may be better so they can see the papers themselves.
You can also post an apology first, then advise the lawyer that their demand has been completed.
You can also post an apology first, then advise the lawyer that their demand has been completed.
Ok thank you. I'm sure the court would know by telephone if there's a case open, and I can drop the papers by tomorrow morning.
That's a good idea, thank you.
It seems a little strange that I filed a complaint with consumer protection and the day after these papers were filed.
I'm hoping the 28 days are working days too
That's a good idea, thank you.
It seems a little strange that I filed a complaint with consumer protection and the day after these papers were filed.
I'm hoping the 28 days are working days too
I called the court and they are official documents. I have since called Legal Aid and even they are shocked at both the speed and nature of this claim. I've been in touch with the Law Society in search of a Defamation Lawyer and am waiting to hear back from them.
Would you recommend I contact the lawyer and state that I am seeking legal advice within the 28 days of the concern note and ask what the amends are they seek? Or wait to hear back from the Law Society? Thanks in advance
Would you recommend I contact the lawyer and state that I am seeking legal advice within the 28 days of the concern note and ask what the amends are they seek? Or wait to hear back from the Law Society? Thanks in advance
As you now have official documents you do need legal assistance.
If I was in your position I'd be posting an apology, keeping it up for 24 hrs as per their demand and telling the lawyer their demand has been met. I'd also be saying in writing to the lawyer that 'I continue to reserve all my rights and the posting of the apology is not admission of wrong-doing.'. I'd also be saying that I will be seeking the recovery of all costs I incur from this time onwards in dealing with this matter and asking for the case to withdrawn from court. I'd also be mentioning something about getting court papers before the 28 day period had expired.
I think there is a legal clause that better says you're not admitting to the act/wrong-doing but I don't know what it is. Legal advice now can potentially save you time and money later. As stated above in another post, the truth of what you originally said is a complete defence. Based on what you have said, I think your case is a strong case if it does go to court. But do get assistance from someone who can look at all your papers/posts/correspondence to give you better advice.
All the best, let us know how you go.
If I was in your position I'd be posting an apology, keeping it up for 24 hrs as per their demand and telling the lawyer their demand has been met. I'd also be saying in writing to the lawyer that 'I continue to reserve all my rights and the posting of the apology is not admission of wrong-doing.'. I'd also be saying that I will be seeking the recovery of all costs I incur from this time onwards in dealing with this matter and asking for the case to withdrawn from court. I'd also be mentioning something about getting court papers before the 28 day period had expired.
I think there is a legal clause that better says you're not admitting to the act/wrong-doing but I don't know what it is. Legal advice now can potentially save you time and money later. As stated above in another post, the truth of what you originally said is a complete defence. Based on what you have said, I think your case is a strong case if it does go to court. But do get assistance from someone who can look at all your papers/posts/correspondence to give you better advice.
All the best, let us know how you go.
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