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Defamation

Unfortunately, situations will arise in community titles schemes where you will be defamed, or are accused of defaming someone. We have acted for all stakeholders in community titles scheme to make defamation claims and defend them.

Our approach to these disputes is a commercial and pragmatic one.

If you want a firm that will simply charge forward with a defamation action without regard for costs or collateral community damage - we are not for you.  

If you want a firm that understands how a defamation action blends with a community titles scheme, appreciates the importance and sensitivity of personal reputations and relationships in a scheme and knows how to cost-efficiently drive or defend a defamation action to achieve a commercial outcome – then speak to us.

Our experience includes:

  • Acting for a building manager in defamation proceedings against a chairperson in the District Court. By the action taken and strategy employed, our client achieved the following results:

    • A written apology circulated to all lot owners.
    • Payment of a five figure settlement sum.
    • Removal of the chairperson from the committee.
    • Improved relations with all lot owners that resulted in an extension of their management rights.

  • Drafting concerns notices on behalf of clients concerned by another person’s defamatory comments to facilitate an early retraction and apology.

  • Responding to concerns notices and defending defamation claims in a pragmatic and cost-efficient manner.

It is essential to seek advice quickly.

Examples articles where we talk about this issue:

What is defamation?
Defamation

 

Key Contact

Frank Higginson

Frank Higginson

Director and Legal Practice Director

Body Corporate
Management Rights
Manufactured Home Parks
Motels