VIC Is it worth it

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River83

Member
20 May 2020
4
0
1
Is it worth going for a defamation lawsuit if I am aware that the defendant has no assets and only recieved a carers pension from centerlink?
 

Rob Legat - SBPL

Lawyer
LawTap Verified
16 February 2017
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2,894
Gold Coast, Queensland
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Depends. Are you looking for (in any combination): (a) compensation in the form of monetary damages/coverage of costs, (b) to bankrupt the person, (c) to stop the damaging conduct, (d) an apology?
If:
(a) - You're going to be out of luck.
(b) - You're going to be out of pocket on a mean spirited principle which will likely have zero practical effect.
(c) - If successful, you should be going for an injunctive order to requiring the person to stop their defaming conduct. Of course, they may not follow that anyway - but at least you'll have an order you can use and produce to third parties.
(d) - If successful, you should get this as well (in writing). It will likely be through gritted teeth but, again, you'll have it to be able to use it and produce it to third parties.
 

River83

Member
20 May 2020
4
0
1
Depends. Are you looking for (in any combination): (a) compensation in the form of monetary damages/coverage of costs, (b) to bankrupt the person, (c) to stop the damaging conduct, (d) an apology?
If:
(a) - You're going to be out of luck.
(b) - You're going to be out of pocket on a mean spirited principle which will likely have zero practical effect.
(c) - If successful, you should be going for an injunctive order to requiring the person to stop their defaming conduct. Of course, they may not follow that anyway - but at least you'll have an order you can use and produce to third parties.
(d) - If successful, you should get this as well (in writing). It will likely be through gritted teeth but, again, you'll have it to be able to use it and produce it to third parties.

Thank you. It's in regards to a family friends. His small business and himself identified in a assault. It's not for me to say if he did it or not. They stayed what the police did, which is all true. Just no proof that he did the assault. They decided not to continue with chargers. They deleted the post very quickly but someone got a screen shot and it was shared. The business has suffered a bit. He has a bit of money but the ones he wants to use for money do not. We are in Victoria if that makes any difference.
 

Terry Yun

Active Member
7 July 2020
11
0
31
Is it worth going for a defamation lawsuit if I am aware that the defendant has no assets and only recieved a carers pension from centerlink?
Hi
I dont think that is worth in terms of compensation as the defendant has not assets at all.
I recommend you to lodge a complaint via intervention order if the defamatory material may harm your wellbeing and safety.
Thanks