WA Suing Colleague for Defamation - Recoup Lawyer Fees?

Australia's #1 for Law
Join 150,000 Australians every month. Ask a question, respond to a question and better understand the law today!
FREE - Join Now

freddy

Active Member
3 December 2015
5
0
31
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?
 

JS79

Well-Known Member
2 October 2015
306
36
714
Perth
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
 

Rod

Lawyer
LawConnect (LawTap) Verified
27 May 2014
7,731
1,056
2,894
www.hutchinsonlegal.com.au
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.
 

Therese

Well-Known Member
11 October 2015
122
7
414
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.