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WA Issued a Writ for Defamation - Can It Be Thrown Out?

Discussion in 'Defamation Law Forum' started by Grantj, 17 May 2016.

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  1. Grantj

    Grantj Active Member

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    Hello,

    Myself and others have been issued with a writ (all together on the same writ, even though statements were wide varied and not knowing each other) for defamatory comments on a public forum while trying to defend wrongly accused persons. The plaintiff uses the court system well to prolong cases in the past to wear down his targets

    Questions are as follows:

    The writ for defamation hasn't been personally served and many persons are placed on writ.

    Can the case be thrown out due to the facts being correct and being opinions?

    Does he have to show evidence?
     
  2. Victoria S

    Victoria S Well-Known Member

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    Hi Grantj,

    Service of legal proceedings must be properly effected, which is generally personal service in the case of a writ.

    While it is true that you can be sued for defamation for defamatory comments made on an online social media site, you also have available to you certain defences. Check out this article on defences to defamation, which include "truth" and "public interest". Defences to Defamation in Australia - Legal Blog - LawAnswers.com.au

    And yes, he has the onus of proving with evidence that (1) you published a statement (2) the statement identified him (3) and the statement was defamatory, on the balance of probabilities.
     
  3. Grantj

    Grantj Active Member

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    Thank you very much Victoria for the detailed and quick reponse. So glad to have a venue to get answers! Thanks again I will look up the link
     
  4. Grantj

    Grantj Active Member

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    Does he have to show evidence as the statement was taken down very quickly?
     
  5. Victoria S

    Victoria S Well-Known Member

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    Yes he will have to provide evidence of the publication. A screen shot of the post would be sufficient. But seeing as though it was taken down very quickly, he may have difficulty showing far reaching damage.
     
  6. Grantj

    Grantj Active Member

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    Thank you again, Victoria.

    Is there some way I can view what he has as evidence before it gets to court? We want to keep it out of court as he has taken on banks insurance companies and small business for money and seems to get paid out every time due to the fact he represents himself and his targets run out of time and money to deal with him.

    Thanks again for your answers, Victoria. Are you by any chance a lawyer? If so I would be interested in using your services.

    Is there a form that a plaintiff can fill out to retract a defamination writ?
     

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