QLD Defamation - Sue Incorporated Club Member?

[Paul Murphy]

In QLD, is it possible for an incorporated CLUB to sue a member of that Club for defamation as a result of a written complaint lodged by the member?

 

[Worldly1]

Hi Paul,
Please have a read of:

• this LawAnswers Defamation article: Have You Been Defamed? What You Need to Know About Defamation Law in Australia - LawAnswers.com.au Blog
• this other LawAnswers thread: VIC - Defamation - Do I Have A Case? | LawAnswers.com.au Legal Aid Forums
• this other LawAnswers thread: QLD - Defamation - Comments in Email to Body Corporate? | LawAnswers.com.au Legal Aid Forums

So, first things first: you need to look at who was the written complaint addressed to and sent to? The club/members of the club or people other than the club/members of the club? Then you'd look at and go through the other elements for defamation.

 

[Sarah J]

Hi Paul,

Following on from Worldly1, a company or group can sue for defamation if they can show that the defaming statement/words identified the company or group as a whole (as opposed to individual people inside the group).

Hence, taking Worldly1's advice, the incorporated club needs to work out whether the defaming statement/words identified (and targeted) the individual member or the club as a whole.

 

[Paul Murphy]

Hi Paul,

Following on from Worldly1, a company or group can sue for defamation if they can show that the defaming statement/words identified the company or group as a whole (as opposed to individual people inside the group).

Hence, taking Worldly1's advice, the incorporated club needs to work out whether the defaming statement/words identified (and targeted) the individual member or the club as a whole.

Thanks....But, doesn't the ACT state that an incorporated body of 10 or less persons? only can sue, greater than 10 I assume they cannot?

 

[Sarah J]

Hi Paul,

A incorporated entity is able to sue in defamation if:

• Its objects provide it is formed for a purpose other than obtaining financial gain (profit) to its members; or
• It has less than 10 full-time employees (or 20 part-time employees)

See: Defamation Act 2005 (Qld) s 9