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QLD Defamation - Sue Incorporated Club Member?

Discussion in 'Defamation Law Forum' started by Paul Murphy, 7 February 2015.

  1. Paul Murphy

    Paul Murphy Member

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    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?
     
  2. Worldly1

    Worldly1 Well-Known Member

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    Hi Paul,
    Please have a read of:
    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.
     
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  3. Sarah J

    Sarah J Well-Known Member

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    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.
     
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  4. Paul Murphy

    Paul Murphy Member

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    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?
     
  5. Sarah J

    Sarah J Well-Known Member

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    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
     
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