NSW Defamation of My Character?

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Sarah J

Well-Known Member
16 July 2014
1,314
251
2,389
Melbourne, Victoria
Hi Safety Rod,

Defamation is always a difficult cause of action because much is uncertain and arguable:

- Whether the statement/representation was of a defamatory nature;
- Whether the damage to your reputation is quantifiable and proportionate to the claim;
- Evidence for proving each of the main elements to defamation.

Therefore, it is extremely difficult to self-litigate a defamation claim. The law is neither straight forward nor clear. This is because much of it is hinged upon case law and you will need to read many cases comparable to yours, not just for arguing that the statement/representation was defamatory in nature, but also to argue that the quantity of loss you're claiming is appropriate and foreseeable. Therefore, it is recommended that you seek a lawyer to assist you. Further, individuals cannot approach a barrister (advocate in court) directly, hence, a solicitor will be needed to brief a barrister if needed.

It may be the case, as is often with defamation matters, that the solicitor you briefed do not think, in their professional opinion, that you have a high probability of success. Without knowing the specifics of your case, it is difficult to say if this is the case or not. However, defamation is quite reliant on witnesses and their credibility and the reliability/relevance of what they say. Hence, even if you have substantial grounds for a case, without reliable and credible witnesses who can prove each element of your action, it will be quite difficult to win.

What you raised before are all correct. The witness ideally should not have a substantial interest in the outcome (i.e. family member or friends), reliable (i.e. someone in a trustworthy position with an upstanding character and reputation), relevant (e.g. they overheard the statement being uttered or they were privy to the document where the statement was contained or is able to produce such a document) and credible (i.e. the story they are telling is believable). However, as Sophea said, you do not usually choose your witnesses.

Hope this clarifies a bit. And best of luck with whatever you decide on.
 

Timnuts

Well-Known Member
7 April 2016
57
8
224
Hi,

Defamation is not similar to moral damages. Defamation is damages for quantifiable loss to your reputation (e.g. loss of earning capacity due to the defamatory remarks).

A claim in defamation requires a few elements:

1. There was a representation made that is an allegation of fact which is defamatory (i.e. the allegation cannot be one of opinion or belief);
2. This representation was publicised;
3. There was loss or potential loss that is not remote.

Therefore, a statement that "person X is untrustworthy and a liar" may be defamatory, but the statement "I believe person X is untrustworthy and I think he's a liar" is not. The loss to your reputation should justify the claim. Therefore, whilst you may be personally hurt or feel insulted by the statement, if it did not significantly damage your reputation to your professional or personal life, there may not be a claim or the claim would be weak. If it caused you to lose the promotion or a job, then this would warrant an action.Also, think about whether you can prove that the statement was made by the defendant. If someone just uttered the statement to another person, then this would be more difficult to prove and would have less strength than something written down and publicised. If you're claiming potential loss, then you will need to consider the size of the audience, who this audience is and likelihood of it tarnishing your reputation and if likely, will this be permanent or temporary.

After 3 years, I'm still labeled as a rapist do to the false allegations of r**e by my former partner. I also have evidence of perjury in an affidavit by her that are to be submitted to court soon.

She goes around and tells who she wants that my new partner should be ashamed of herself because apparently I r**e my new partner ever night I go to bed with her.

I need a lawyer to take this by the horns and shut this b***h up with a law suit forever.