NSW Neighbour called me a paedophile

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Jaywoo220

Well-Known Member
11 November 2019
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Neighbours (ages 54,24,22)called me a paedophile, stated I was filming them naked and was masturbating in my car. I have the paedophile comment video recorded. Probably 20+ people told.

They told other neighburs and i ended up getting bashed by a group of them after a verbal argument about it whilst i was intoxicated. I suffered fractured ribs.

I do not work and cannot afford solicitor.

Please advise if i have any rights regarding false and defamatory comments.
 

Rod

Lawyer
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27 May 2014
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Not being able to afford a solicitor is a problem.

Defamation is not DIY.

If you have witnesses you have a good case.
 

Jaywoo220

Well-Known Member
11 November 2019
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Thanks for the reply. I have it on video.

How much would I be looking at cost wise.
 

Rod

Lawyer
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27 May 2014
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How much would I be looking at cost wise.
Still need to show other people are aware of the allegations. Defamatory comments have to be 'published' (written or spoken) to others, not you.

$500 for a concern's notice (necessary step), then court anywhere from $20K to $50K. Keeping it in the local court means lowers costs.

Winning means you get a significant chunk back from the other side.

Defamation cases with celebrities/politicians can easily hit $1M in costs .
 

Jaywoo220

Well-Known Member
11 November 2019
89
1
289
Still need to show other people are aware of the allegations. Defamatory comments have to be 'published' (written or spoken) to others, not you.

$500 for a concern's notice (necessary step), then court anywhere from $20K to $50K. Keeping it in the local court means lowers costs.

Winning means you get a significant chunk back from the other side.

Defamation cases with celebrities/politicians can easily hit $1M in costs .
Do coments made in avo statements to the court have the defence of absolute privlege.
 

Rod

Lawyer
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Most likely. However there is an exception whereby the matter needs to be relevant to the issue in dispute.

If being a pedophile (to be clear - I am not saying you are) is not relevant to the dispute, then it will not attract absolute privilege. For instance, if there is a dispute over the placement of a boundary fence (say it is out by 10 cm), then calling you a pedophile in court documents is likely defamatory.
 

Jaywoo220

Well-Known Member
11 November 2019
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So the comments need to be relevant to the issue before the court to attract absolute privlege. Ok thanks, that helps a hell of a lot.

If you had any case law or links it would help a lot.

Cheers mate. I appreciate it.
 

Rod

Lawyer
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It is a very high threshold and not easy to dislodge absolute privilege.

Depending on the claims, you may be better off looking for abuse of process or malicious prosecution instead of defamation on court papers, especially as your lawyer would likely apply to have those defamatory claims/statements struck out.

Then go for defamation on matters not put into court papers.
 

Jaywoo220

Well-Known Member
11 November 2019
89
1
289
Can someone telle steps like what form to fill put which courtetc or provide a link to resources. Thanks.
 

Jaywoo220

Well-Known Member
11 November 2019
89
1
289
Do Annexures need to be included in original statement of claim or are the provided at a later date i.e hearing etc?