VIC Can I sue for libel defamation in Victoria?

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Lucy S

Member
10 April 2020
3
0
1
Victoria
Hello Brains Trust,
So 3 years ago when I began dating my current partner his ex wife (who is an ex police officer) began basically her own investigation into me. She contacted my previous ex partner's parents, siblings, my ex partner, friends and young women who were at the same local Netball & Football Club where my children had played 2 years previously.
Myself and my partner's ex wife also shared a mutual friend (the mutual friend is also a Police Officer currently), so this mutual friend told me later on that she highly recommended as a potential stepmother to their then 7 year old son, that she wouldn't find anyone better to be around their son.

What followed has been the most devastating period of my life. Long story short, my ex partner's family, my ex partner, his siblings, and these girls from the Netball Club told the ex wife that I'm an alcoholic, drug addict and I had multiple affairs on my ex partner. She also claimed that I was an unfit mother, that my children were unwashed and often sent to school with no lunch and in dirty clothes.

I was absolutely devastated as I have never been a drinker, I have never done drugs, I never cheated and my children are always spotless, well fed, attended a private Catholic school and we were just a normal family.
Some of the accusations were from acquaintances at best, one young woman I had never even met and the other one I knew by name and to say "hello" to. At this stage all these allegations by the ex wife were over the phone to my current partner. The ex wife then restricted my partner from weekly access of every weekend to every 2nd weekend, and rather than all the 2 week holidays throughout the year, these were now cut down to 1 week.

Fast forward to 18 months ago, we were expecting a baby together. We kept the pregnancy a secret until 3 weeks before our baby was due as we knew her reaction would be over the top. So my partner then let's her know that we're expecting a baby, he didn't give a due date. She immediately blocks all phone calls and files a personal safety order against my partner and names me as a person she has concerns for the safety of her son.

In her affidavit she then goes onto list that I'm a drug addict, alcoholic, all the things that she carried on about when we first got together. It goes to court. Then she requests that she be allowed add further better and particulars, of course I make another appearance in her 2nd affidavit. It goes to court again again she asks to add further better and particulars but after now getting a Lawyer I get a mention in reference to "I have spoken to Lucy's ex partner numerous times and he confirms that the information I have provided is true." He is named in the affidavit.

I also have been given by my current partner copies of all the emails that his ex wife has sent to him in which I am named, slandered, defamed and she has signed her name to the email.

Finally all charges were dropped by her in late May of last year after numerous court dates.

My reputation has been ruined, my Mother attended a local cafe where the owner was talking about her good friend and how her ex partner had moved on and his new partner was a drug addict, alcoholic and an unfit mother. My Mother enquired as to her friend was, yep the ex wife. And the drug addict, alcoholic, unfit mother, yep she named me. 😭

This has been the most soul destroying thing, I have since lost all my confidence and my self worth is gone. I used to lead a very normal life, dinners with my family and friends, brunch on a Sunday morning, shopping. Now I rarely go out in public.
I want closure, I want her to know you can't spread lies like this and get away with it. My ex and his family share a large part of the blame too, but I can't prove in a court of law that they have said anything. This has caused a lot of stress, pain and tension between my partner and I, as I'm sure you could imagine.
So my question is; do I have a case for libel defamation? If yes, what should I do next?
 
Last edited:

Rod

Lawyer
LawConnect (LawTap) Verified
27 May 2014
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www.hutchinsonlegal.com.au
Yes, you have a case. Give me a call on Tuesday to discuss.

You will need to gather up your evidence and be prepared to put time, effort and money into restoring your reputation. If successful you will get some of the money back :)

Did you seek costs against her when she dropped her claims?

The alternative is to ignore all the comments and move on.
 

Lucy S

Member
10 April 2020
3
0
1
Victoria
Yes, you have a case. Give me a call on Tuesday to discuss.

You will need to gather up your evidence and be prepared to put time, effort and money into restoring your reputation. If successful you will get some of the money back :)

Did you seek costs against her when she dropped her claims?

The alternative is to ignore all the comments and move on.
Hi Rod, we did apply that in the event that the Judge ruled on our favour that the ex wife would have to cover all our costs which were up to $15,000 at that stage. At that point her Barrister advised her to drop the case. So she did and at that point we weren't allowed to ask to be compensated for our costs. We were informed by our Barrister that if she sought another intervention order/personal safety order that we could apply to have her declared a vexatious litigant. Thank you for your reply, I will contact you on Tuesday.