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WA Suing Colleague for Defamation - Recoup Lawyer Fees?

Discussion in 'Defamation Law Forum' started by freddy, 3 December 2015.

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  1. freddy

    freddy Member

    3 December 2015
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    I have been defamed by a work colleague. The organization (govt) cleared my name, but I would like a written apology because my character has been tarnished and has caused me undue stress at work and home. I would also like to see this person not get away with doing/saying any untruths. If I see a lawyer and he charge for defamation, can I recoup the lawyer fees from my colleague?
  2. JS79

    JS79 Well-Known Member

    2 October 2015
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    An article regarding Defamation can be found here: Get Connected with the Right Lawyer for You

    Defamation actions can end up costing a lot of money and lawyers will require you to put money into their trust account prior to working on a claim for this (like most law actions apart from personal injury law).

    If you win you would be entitled to get some of your legal costs paid by the Defendant - but same if you lose you would have to pay some of the opposition's legal fees.

    It probably would be worth going to see a local lawyer in order to find out if you have a case in Defamation and what your chances are: Get Connected with the Right Lawyer for You
  3. Rod

    Rod Well-Known Member

    27 May 2014
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    It is one thing to clear your name, it is another to prove the other person defamed you. They are not the same and one doesn't always follow the other.

    If this means a lot to you, take the suggestion of JS79 and see a lawyer.
  4. Therese

    Therese Well-Known Member

    11 October 2015
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    It is my understanding that a magistrate or judge may rule the losing party to pay the successful party's costs. However this is at the discretion of the magistrate or judge.

    When receiving legal advice, ask the lawyer what their opinion is.

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