VIC Defamation Victoria Melbourne

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Palmac

Active Member
26 September 2018
10
0
31
DEFAMATION Victoria
Hi All,
I have situation where an organization, in Victoria, led by an individual (the president) has used, what I believe to be false and misleading information which has led to the cancellation of my membership. As Im a professional person in this same industry, this has resulted in causing harm to my reputation and honour.
I wrote a letter seeking any evidence supporting their claims. No reply.
I then sent a sworn affidavit seeking the same, three sworn (JP) affidavits in all were served using registered post all confirmed received. No rebuttal.
I wish to seek damages and restoration of my membership.
How do I proceed?
Many thanks P
 

Rod

Lawyer
LawTap Verified
27 May 2014
6,514
906
2,894
Get a lawyer. The lawyer will send a concerns notice as the first step.

Defamation is not DIY.
 

Rob Legat - SBPL

Lawyer
LawTap Verified
16 February 2017
2,300
487
2,394
Gold Coast, Queensland
lawtap.com
You should also look into the rules of the organisation with respect to cancellation of membership, and ensure that they have complied.
 

Rod

Lawyer
LawTap Verified
27 May 2014
6,514
906
2,894
I'm capable
I'm a DIY type of guy, but for defamation I'd at least be briefing a barrister.

Defamation is a highly technical area of law with many nuances and many defences. Each claim is tested and get one wrong and there will be cost consequences.

And speaking of costs, should you lose, you will face an order for costs that may run very high.

I then sent a sworn affidavit
^^ This statement leads me to believe you need legal help. You may well be a professional and have good expertise in your field, but it doesn't mean you can become a heart surgeon because you have Dr Google assisting you.
 

Rob Legat - SBPL

Lawyer
LawTap Verified
16 February 2017
2,300
487
2,394
Gold Coast, Queensland
lawtap.com
I'm not sure what rules would allow wrongful behavior or the defaming of a man?
They don't. What you're looking for is to see whether the rules have been breached. Assuming they have, this could give weight to your allegations of defamation and get you back your membership.
 

Marie Edstein

Member
17 May 2019
3
0
1
DEFAMATION Victoria
Hi All,
I have situation where an organization, in Victoria, led by an individual (the president) has used, what I believe to be false and misleading information which has led to the cancellation of my membership. As Im a professional person in this same industry, this has resulted in causing harm to my reputation and honour.
I wrote a letter seeking any evidence supporting their claims. No reply.
I then sent a sworn affidavit seeking the same, three sworn (JP) affidavits in all were served using registered post all confirmed received. No rebuttal.
I wish to seek damages and restoration of my membership.
How do I proceed?
Many thanks P
I have a similar membership case - first thing to do is to look at their constitution / Incorporations Reform Act 2012 (if Incorporated) & find the membership rules regarding grievance procedures / complaints. Sounds like they did not provide / follow / apply the grievance procedures as required before expelling you, which would be illegal. Happy to assist privately if you like - just not sure how to contact you privately though as I'm new to this.