QLD Have been informed that I am going to be sued

Discussion in 'Defamation Law Forum' started by Gabby Fenech, 16 August 2018.

  1. Gabby Fenech

    Gabby Fenech Member

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    Hello,
    I received a phone call and LinkedIn message from a known party last night stating that he is going to sue me for messages that were sent to his 2 adult children via messenger and also a message placed on a facebook page by an unknown name.

    I requested samples of the messages which were sent to his adult children via messenger on facebook From what I was able to read the messages were truthful however were private messages between myself and his wife.

    The messages contains information related to his wife and I discussing her husband (the person that notified me they will sue me) regarding an affair involving myself and the husband. It informed his children of this information via messenger and the fb/messenger pages were then apparently deleted.

    The additional suggestion is surrounding a "fake FB page" or "unknown name to me FB page" where a detailed description (I understand no names were mentioned) of the truthful and hurtful actions caused to myself and his wife by the male person raising the complaint, these were parts of the actual discussions between his wife and I where she had stated he is a narcissist and has had many affairs, etc.

    He and his family are based in NSW, I live in Qld. He has stated that his wife has met with the NSW Police and also contacted the Australian Federal Government to make complaints and provided copies of the messages supposedly posted.

    I have stated to him that I have not posted any such messages/pages of which he does not believe me.
    I am concerned that some girlfriends of mine may have done this out of anger towards what he had done and potentially could have done this utilising my computer / internet. I have search my computer and not found any activity to support this but I am no computer guru.

    What should I do? Do I just wait to see if I am contacted by a legal channel? or do I need to do something now?

    I would greatly appreciate some guidance as it was quite a disturbing and upsetting phone call.
    If a friend of mine has done this I am not prepared to admit this as I know if would have been out of care for me, in saying this they may not have done anything and he is just playing with my emotions to upset me which would not be unusual.

    Thank you
    Gabby
     
  2. Rod

    Rod Well-Known Member
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    What is this person seeking? Saying he is going to sue is not specific and sounds like at this stage he has not made any demands and has not obtained legal advice.

    Without having an actual specific set of demands there is nothing to do for the moment.

    Why would someone have access to your computer/internet without your knowledge? This could potentially come back to bite you, but without knowing the demand, it is hard to comment.

    Probably, unless there is something urgent not disclosed in your post. You've said the pages/messages have already been deleted by the unknown person so I can't see you needing to do anything at the moment.

    Keep a record of what you have if it helps your defence. Truth is a defence to defamation.
     
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  3. Gabby Fenech

    Gabby Fenech Member

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    #3 Gabby Fenech, 16 August 2018
    Last edited: 16 August 2018
  4. Gabby Fenech

    Gabby Fenech Member

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  5. Rob Legat - SBPL

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    If someone says to me, “I’m going to sue you,” (and it has happened) I simply reply, “Okay.” If they’re going to do it, they’ll do it.

    If they say, “ Do X or I will sue you,” then that is a different matter. That doesn’t fit defamation quite so well, but the sentiment is similar.

    The first is an unformed thought. You don’t sue someone just for the sake of suing them. Court proceedings aim to either rectify a transgression or enforce a right. Anyone planning to sue should figure out what it is that they want first, and what position they’re trying to protect. If they haven’t done that, as in the case of simply saying they are going to sue you, haven’t thought it through.
     
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