VIC Intentional Fraudulent Misrepresentation

[Gutsy Gracie]

Seeking advice regarding where/how to report an intentional fraudulent misrepresentation in the form of on-line listing/advertising.
This first happened late last year, and was not resolved by personal contact with one of the two parties involved.
It is happening again; the same issue as last year.
ie our annual charity event has had our flyer from 2016 manipulated by an unauthorised party to misrepresent our event intentionally, including linking to their own event.
The publisher of the site involved refused to withdraw it, or replace it with correct authorised flyer last year, as claims the unauthorised party has paid for the placement.
What recourse do we have, if any?
This is malicious, intentional, and fraudulent.
It is misleading, and affects our support base as on a major community event site.
We are volunteers, and our event happens entirely as a result of donations and sponsorship.

 

[Rod]

How long till your event?

Your main cause of action is against the unauthorised party, and as part of this action you can get the publisher to remove the offending material.

 

[Gutsy Gracie]

Event is Sunday, 2nd of December.
I agree Rod, but unsure how to go about it, or who to approach.
My first thought was to report via ACORN, however, no guarantee the complaint will be referred appropriately, if at all.
I was unaware ACORN is strictly only a referral service.
Also, don't know the appropriate law/s that would apply.

 

[Rod]

Not much time.

Do you have name and address details of the unauthorised party and the publisher?

The 2 most cost effective methods are VCAT and the local magistrates court. You will need to serve notice on the other parties, hence the need for contact details. Though I note urgent injunctions are possible and don't need notice. But your burden of justification increases if you do not give notice because the other party doesn't get a chance to tell their side of the story.

And yes, ACORN is unlikely to help you, especially in the little time you have left.

 

[Gutsy Gracie]

Thanks Rod.
We don't have time to do it before the event, as too few of us volunteers with tight schedule prior.
Would be looking at doing retrospective for last year, and this year, in the New Year sometime.
The unauthorized party could be one of two people, or both, and don't have contact details for them, but more to the point, don't have definitive proof which one of them, or both, are responsible, as publisher won't divulge who paid him for the misleading listing/page on his website. I do have his details, although not a full name.
I have screen shots, and copies of email interaction with Publisher last year, when he divulged another party had paid him to list the misleading page, and his refusal to pull it, or accept the correct flyer & information from us.
All we can do this year is to list separately as a free listing with a link to dodgy one explaining, and hope he doesn't take it down. He probably will though as plain rude and patronizing towards us last year; suspect he may be personal friends with unauthorized party, so colluding as well, which in my opinion makes him just as responsible, as done so with full knowledge.
This is why I though the cyber section of the Police would be best approach, as they can subpoena the evidence, but then a lawyer can too, but obviously can't afford one! Most of us are pensioners or low income volunteers supporting fund raising for homeless and other disadvantaged folk.