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Davidfc007

Well-Known Member
26 November 2019
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0
76
Hello, A Legal Aid Queensland employee sent me a letter in which this person make a defamatory claim about me and my mental state. This letter was seen by the Family Court of Australia and other officers of the court. The claim made by the Legal AId Queensland is false, not based on a reasonable basis and has been proven to be false by a number of medical professionals.

My question is can anybody take a government body like Legal Aid Queensland to a magistrates court and make a defamation claim against the officer and Legal Aid Queensland, for making false statements about me?
 

Jaywoo220

Well-Known Member
11 November 2019
91
1
289
Not sure about QLD, but in NSW, defamation proceedings can only be commenced in the District or Supreme Court, not the local court.

Notwithstanding the truth or untruths of their statements, as the communication was in a court setting, I would suggest that the defence of 'absolute privlege' would apply and hence you would not be succesful in a claim against them.

Disclaimer: i am not a solicitor.
 

Rod

Lawyer
LawTap Verified
27 May 2014
6,720
925
2,894
can anybody take a government body like Legal Aid Queensland to a magistrates court and make a defamation claim against the officer and Legal Aid Queensland, for making false statements about me?
Anyone can, however the facts of each situation will determine whether they stand a chance of winning. In your situation, and with no details, it would seem there is not a high chance as the other side can likely claim both absolute privilege and qualified privilege.