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NSW Defamation by Ex-Wife - File a Case Against Her?

Discussion in 'Family Law Forum' started by david25, 24 November 2015.

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  1. david25

    david25 Member

    24 November 2015
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    My ex-wife (we recently got separated) is defaming me by spreading the false news that I am impotent which is not true and I am medically normal in this regard (can produce doctor's reports). I am really disturbed and psychologically destroyed as all of my family friends when they meet me, they ask me if I am impotent. That's really killing me inside. Can I file a case against her for defamation?

    If yes then

    • Should I contact a family lawyer or what?
    • What would I get out of this case? I mean, can I sue her for this?
    • What are my chances of winning this case?
    • Any important things to consider in this regard?

  2. Sophea

    Sophea Well-Known Member

    16 April 2014
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    Hi David25,

    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 -
  3. sammy01

    sammy01 Well-Known Member

    27 September 2015
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    Nope, not a family solicitor for defamation. You would need a civil law specialist (I think)

    Could you get anything? Doubt it - and the costs involved in pursuing it would not make it worthwhile
    Chance of winning - No idea.

    Anything else - mate, look the people who ask in the eye and respond with something like, "That is none of your business but since you've asked, the answer is no and can you now please go and tell my ex-wife that her pettiness in spreading these types of rumours is indicative of her small mindedness."

    Save your money and focus on moving on from her.
    Sophea likes this.

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