QLD Defamation in an affidavit (QCAT matter dismissed) what action can be taken?

[Rose N Silk]

A friend was recently involved in a residential matter that went to QCAT.
A few days before the QCAT hearing they received copy of an affidavit full of half truths, lies and challenging allegations that were base and demeaning and could hurt their work prospects in the future.
The writer of the affidavit also appeared to admit to being a "peeping tom" . My friend is distressed as you can imagine.
The matter before QCAT was dismissed.
The friend wants to take action regarding the lies in the affidavit and went to a community legal service.
The community legal service advised:
1. Go to the police and ask the police to investigate this matter. This way if anything arises regarding the allegations, a police reference number can be given, and
2. Contact a defamation lawyer to have a Concerns Notice issued.

The friend contacted their local police station by phone to ask if an appointment was needed or the best way to proceed.
The administration person checked with a senior officer who advised because the matters were in an affidavit for a civil forum / tribunal (??), the police could not investigate it. Only civil action could be taken.
Is this correct ? Surely there is some action the friend can take without spending thousands of dollars???

 

[Rod]

An affidavit submitted in one matter (QCAT) cannot be used in another matter without the permission of QCAT.

Then you have the issue of a qualified privilege defence anyway.

appeared to admit to being a "peeping tom"

This is potentially actionable by the police however the police have already indicated they will not take any steps, as your friend has already tried and found out.

Best to move on.