NSW Ramifications of Exposing Affairs in Family Law?

Discussion in 'Defamation Law Forum' started by MrWoof, 20 July 2018.

  1. MrWoof

    MrWoof Active Member

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    Title is pretty self explanatory. Wanting to know if there are any major legal ramifications in family law for exposing her multiple affairs?

    I’m not talking about taking an add in the paper, I mean exposing her for what she did, to our friends and family as my children (whom I have sole care and custody of children) and I are being persecuted unfairly due to her lies.

    Much appreciated
     
  2. Rod

    Rod Well-Known Member

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    Truth is a defence to a defamation claim.

    If you have evidence of your assertions then you likely be safe from a defamation claim. May not prevent legal action being taken against you but at least you'll likely win and can claim some costs back.

    I'd not involve employers as it is none of their business.

    You may have an action against her if her lies, which you can prove are lies, are hurting your reputation.
     
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  3. MrWoof

    MrWoof Active Member

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    Thanks for the reply Rod

    Evidence is certainly not an issue AT ALL!

    With regard to her employer, it does actually concern them to some degree however I’m not interested in any witch hunts; simply for her to stop doing and saying what she is as it’s affectjng my children's emotional state. They’re ashamed to see their own relatives, they are being spoken to by friends and family as if they’re in need of rescuing but are too afraid or embarrassed to tell these people the truth about what’s happened (not that they should even have to, they’re kids!).

    At the end of it, the only things I’ll be rxposing are actual events, not my opinions, I just wanted to see if there were any issues regarding privacy of photos etc...
     
  4. Rod

    Rod Well-Known Member

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    There can be issues if the photos are sexually explicit.
     
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  5. MrWoof

    MrWoof Active Member

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    And here lies the grey area......

    The photos were taken of herself, by her, and distributed to all and sundry.... I was the last to see them!!! It's not as if I secretly photographed her and am now distributing them. I'm only doing what she's done XXXX times.

    I mean, I can blur everything out as I'm not interested in any shock reactions, just proof of what's been going on
     
  6. Rod

    Rod Well-Known Member

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    Is there anyone else in the pictures?

    Having the pictures in your possession is not necessarily evidence she was having affairs unless there is another person in the pictures.

    Without more detail, and more detail is not appropriate here, I'm not prepared to comment further, and you should see a lawyer with the evidence you have for proper advice before you do anything with your 'evidence'.
     
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  7. MrWoof

    MrWoof Active Member

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    Again, thanks for your replies Rod

    Neither legitimacy, or the accuracy of the evidence is under any shadow of a question. She’s admitted to it all, and there is absolutely no shadow of any doubt that the incidents occurred. In addition to photographic evidence, there are multiple electronic correspindances between her and a number of friends nd family members where she has not only defamed me, but made some very serious allegations against me.

    Now; assuming all the evidence I provide is irrefutable, and all care is taken to blur out other people’s faces and private parts; can I be in any sort of trouble if I expose not only pictures, but other written evidence of the occurrences? As in, am I breaching any privacy laws? Could there be a case where SHE could then claim not defamation necessarily, however that her reputation was effected due to the now outed information?

    Thankyou
     
  8. Rod

    Rod Well-Known Member

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    Can't see any breaches, but then I'm not in NSW and not sure if there are any newish laws around privacy in NSW. Can't see a breach of Cth laws.

    You have truth as a defence.
     
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  9. MrWoof

    MrWoof Active Member

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    Thats what I was more or so after. As in, I know what I’m sending is the truth, so can I get in trouble for bringing it out in the open?

    Can the messenger be shot?
     
  10. Rod

    Rod Well-Known Member

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    This is easy to answer - sometimes.

    Will he be shot in your circumstances? Can't say.

    I sense you want a black and white answer when the law often deals in shades of grey. If you want to increase your confidence level then see a lawyer with your evidence for proper legal advice.
     
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