LawAnswers.com.au - Australia's #1 Legal Community

LawAnswers.com.au is a community of 10,000+ Australians, just like you, helping each other.
Ask a question, respond to a question and better understand the law today!
Join us, it only takes a minute:

QLD Continued Defamation and Abuse from Ex - What to Do?

Discussion in 'Defamation Law Forum' started by Negel, 23 February 2016.

  1. Negel

    Negel Member

    Joined:
    23 February 2016
    Messages:
    3
    Likes Received:
    0
    Nearly 3 years ago, we had a family law case.

    The ex who was a police officer and now works for government departments lied in many of his affidavits. The one he uses to this day is that I have schizophrenia. The lawyer did not submit my evidence stating otherwise. Overtime, all the Doctor's principles and other departments listen to these lies and refuse to abide by family law court orders and refuse to talk to me.

    Myself and my children are going through major abuse because of this and his position. Can I take him for defamation over this?

    I have also been hacked and lost the emails proving the abuse of the kids and me. My identity has also been stolen. He is now a software program developer and Acorn cannot investigate. I find myself in another state to stay safe. Trying to rectify this ugly situation.

    Thank you in advance for your time and help.
     
  2. Sophea

    Sophea Well-Known Member

    Joined:
    16 April 2014
    Messages:
    2,300
    Likes Received:
    334
    Hi Negel,

    To establish an action in civil defamation, you need to prove 3 things:
    1. Publication – That someone else has communicated information to another person or other people (other than yourself);
    2. Identification – The information identifies you or makes it clear to others that the communication is about you; and
    3. Defamatory Content – The information is defamatory - this requires that the information damages your reputation, exposes you to ill feeling or ridicule or causes others to avoid you or think less of you.
    If you think you can establish this, then I would speak with a litigation lawyer. Also, be mindful that there are defences to an action in defamation. You can read about them here: Defences to Defamation in Australia - Legal Blog - LawAnswers.com.au
     
  3. Negel

    Negel Member

    Joined:
    23 February 2016
    Messages:
    3
    Likes Received:
    0

    Thank you Sophea.

    I appreciate the above information. Yes, I can prove the above. This was done to break family law court orders and stop all people involved with the children and myself to continue the abuse. Being on a pension makes it hard to pay legal representation but I will be contacting some today to discuss my options.

    As stated before no principal or specialist will talk to me about my children. In the past, they have been threatened by him not to talk to me and they don't so are breaking the family law court orders as well.

    My situation comes from many angles with many problems.

    Thank you again :)
     

Share This Page

Loading...