VIC What doc is needed to show that plaintiff sought mental health therapy as result of defamative act?

Discussion in 'Defamation Law Forum' started by Muxaul, 11 July 2018.

  1. Muxaul

    Muxaul Well-Known Member

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    Hi,

    I'm learning to become a self represent litigant over a defamation case. My ex sent false and defamatory messages to a friend of mine at the beginning of separation as part of her smear campaign. I have those messages as evidence.

    I indeed had to take several sessions of mental health counselling as result. Now I am suing her for defamation and I wish to show the court the damage she has done to me.

    Nether me or my counselor know what document is needed to prove the damage. Please share some advice?

    Many Thanks
     
  2. Rod

    Rod Well-Known Member
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    You need a report from a recognised medical practitioner specialising in the medical condition, so first consider if your 'counsellor' fits this definition.

    The report should state what condition you suffer from, what likely caused it, what damage it has done, what is needed to treat it and for how long.
     
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  3. Muxaul

    Muxaul Well-Known Member

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    Hi Rob,

    Thank you again for answering my question.

    Must the report be a sworen statement from the counsellor in order to be admissible by court? If yes, must it be an affidavit or a statutory declaration?
     
  4. Rod

    Rod Well-Known Member
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    I'm not 100% sure of the answer. My initial thoughts are that it is included as an annexure to your affidavit. The counsellor would probably need to be available as a witness if the matter proceeds to trial.
     
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  5. Muxaul

    Muxaul Well-Known Member

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    Thanks mate. I’ll call legal aid and see if I can get some help from them.
     
  6. Muxaul

    Muxaul Well-Known Member

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    Just called legal aid. They said they don’t deal with defamation cases and therefore no advices. And that was it.
     
  7. Rod

    Rod Well-Known Member
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    Not entirely surprising but was worth a call.
     
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