QLD Sue for Damage's and how to represent yourself?

Discussion in 'Defamation Law Forum' started by DIY13, 25 May 2019.

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  1. DIY13

    DIY13 Active Member

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    Hi all, I've clearly have been defamed by a family member that has a very real hatred for me. After weeks of police involvement, lies & innuendo & not getting her desired result the respondent said the following statement to me in front of 2 police officers. ***** said your a paedophile, this was clearly heard by all 3 of us. I got a lawyer to send a concerns notice to her asking for an apology to me & to withdraw the malicious lie, an apology to the 2 police & to withdraw the malicious lie &1,200 in legal fees. She lawyered up & the response was she denies saying the statement in front of all 3, she instead changes it to a long sentence in which she was misunderstood, she states clearly she won't apologize & then makes more allegations thru her lawyer that I have admitted to this kind of behavior in year's gone by, more malicious lies, she also states she doesn't believe I'm paedophile even tho she clearly called me one! Even tho my lawyer said I have a very good case for defamation, he didn't seem that interested, so my confidence in him is gone, I didn't want to change lawyers so I've decided to represent myself. I know this won't be easy as I have done a bit of research. These are my questions, what is the next step after the concerns notice & how do I instigate it? & also if the case does get to court down the track would I be able to engage a barrister then? I know it won't be easy but I believe the Truth will prevail especially with the 2 police witnesses, so please any advice will be greatly appreciated on how to go about this....
    Kind Regards.
    DIY13
     
  2. Tim W

    Tim W Lawyer
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    As a result of one experience, with one lawyer,
    you turn your back on lawyers in general,
    and you now expect lawyers here to help you?

    < scratches head >
     
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  3. DIY13

    DIY13 Active Member

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    Not at all mate! I was going to see it thru with the first lawyer, paid good money & in my honest opinion he wasn't interested, I'm limited on funds but would of fine with the first if I had faith in him, hence I'd rather back myself than someone I don't trust, as I first said I don't want to swap lawyers mate!
     
  4. DIY13

    DIY13 Active Member

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    If you don't want to help mate, that's fine, have a nice day mate!
     
  5. Rod

    Rod Lawyer
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    Defamation is not DIY in court.

    Your lawyer may not have been interested because you don't have the funds to run a case.
     
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  6. DIY13

    DIY13 Active Member

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  7. DIY13

    DIY13 Active Member

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    That's not what I said, I have limited funds but I have enough to of run the case but sadly I got a clown like you 2 clowns.
     
  8. Tim W

    Tim W Lawyer
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    <scratches head again>
    I wonder how many lawyers will read this and think
    "Yeah, better help this guy..."

    And just to be clear - Rod's not a clown.
    He's the Joker to the right. :D
     
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  9. Rod

    Rod Lawyer
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    It's so hard to keep this smile from my face :)
     
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  10. sammy01

    sammy01 Well-Known Member

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    the clowns and jokers above are right, defamation is not DIY and you’re not gonna win. You've heard the one about the person who self represents has a fool for a client.

    Well, guess what...

    I reckon the reason your solicitor isn't interested is because you've got NOTHING...


    So you've blown $1200 and gotten no-where. Here is a nice article for you to read.

    https://www.abc.net.au/news/2018-12-20/the-true-cost-of-a-day-in-court/10610408


    So yep, you could engage a barrister for your day in court, the article above suggests that day in court could cost you $25 000. FOR ONE DAY...


    Now there is no reason to expect that because you win your day in court that the other party would be expected to pay your costs.... So how does this sound for an outcome... YOU WIN - It is established that the family member defamed you. That family member might be ordered to write an apology letter. It will sound about as sincere as this...




    You will live with lots of stress for the time it takes to get this to a trial. You'll have court costs and I reckon an ordered apology is the best you'll get.


    However, in your post you state the person was explaining that someone else had called you a paedophile. So nope, the person has not defamed you. The person has simply communicated to you something that some other person had said about you. Mate you’re no a hiding to nothing…


    So go for it. Good luck. Hope you win.

    But please get back to us, let us know how you go.
     
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