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NSW What Can I Do About Defamation Claim?

Discussion in 'Defamation Law Forum' started by Scooby, 1 August 2016.

  1. Scooby

    Scooby Active Member

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    Hi,

    Wondering if there is any help on a defamation case brought against me by the father of my ex-partner, whom I am currently going through custody of children hearings with the Family Court.

    Basically, their solicitor has sent a letter asking to issue a retraction of alleged comments made within a 14 day period, issuing a word by word apology, as it has caused him "economic loss" and "severe personal suffering".

    1. Only part of their accusations are true, and I think 'honest opinion' may cover this as I have said their family has "essentially abducted my daughter" when they broke court orders allowing me visitation to my daughter. Other accusations were that I implied he was a 'paedophile' and 'drug dealer' which is not true.

    2. I have no money, all my pay goes to my mortgage, child support and legal costs which I'll be lucky to pay off within 10 years. If I have no money, will my house be used?

    3. If I was to apologise, or come to an agreement on what to apologise for, theoretically, could I still be up for lawsuit and also admissions of guilt to be used against me?

    Unfortunately, this is all just trying to get me to spend what little I have defending myself, like the AVO's and Breaches I have defended myself from for 2 years now alongside my custody case.

    Regards,
     
  2. Rod

    Rod Well-Known Member

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    Keep in mind there is much detail missing from your post:

    1. Honest opinion defence has limitations. Not enough detail to know if can be used. If any defamatory implications can be made out they may apply. How did they find out about these allegations?

    2. Maybe. Depends on other factors. Payment plan might be acceptable to a court.

    3. Evidence of any statement or admission made in connection with the making or acceptance of an offer to make amends is not admissible as evidence in any legal proceedings (whether criminal or civil) (lifted straight from the defamation act).
     
  3. Rod

    Rod Well-Known Member

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    BTW material in court papers, eg affidavits, is normally protected by the defence of absolute privilege.
     

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