successful claims against…
The O'Brien Advantage
Proven Track Record
We have successfully taken on major media outlets like Channels 7, 9, 10, the ABC, and even politicians like Peter Dutton. Our wins and settlements demonstrate our unwavering commitment to our clients.
Media & Social Media Expertise
Our team has in-depth knowledge of media and social media defamation law. We expertly navigate the complexities of online and traditional media attacks on your reputation.
Personalised Approach
We understand every defamation case is unique. We take the time to understand your situation and tailor a strategy to achieve the best possible outcome.
No Win, No Fee*
In limited situations, following an assessment of your case, we can run defamation claims on a no win, no fee basis
Types of Defamation Cases We Handle
Media Defamation
We have extensive experience taking on media outlets that publish false or misleading statements. We have successfully sued on newspaper articles, television stories, and social media publications.
Social Media Defamation
The unique and viral nature of social media requires fast and precise action. We have successfully sued on posts, comments and images published on Tik Tok, Instagram, Facebook, Twitter, Google Reviews and other online platforms and had defamatory content swiftly removed.
Other Defamatory Publications:
Defamation can extend far beyond media or social media. We have successfully sued on emails, reports, oral statements, and various other types of publications that have caused reputation damage.
Protecting Your Reputation: Actions We Can Take
At O’Brien Criminal and Civil Solicitors, our defamation team understands the urgency of restoring your good name. Here are some ways we can help you combat defamation and achieve the best possible outcome:
Mitigation Strategies
We'll work swiftly to minimise the spread of the defamatory material and reduce reputational risk. This could involve issuing cease-and-desist letters, requesting platform takedowns, and managing media relations.
Seeking Apologies & Corrections
Our lawyers will work towards securing a public retraction or apology from the publisher of the defamatory content. This can be a powerful way to set the record straight and begin repairing the damage.
Negotiating Settlements
Many defamation cases are resolved through pre-court negotiations. Our skilled legal team will fight for the most advantageous settlement offer, including potential financial compensation and a public apology.
Litigating in Court
If a settlement cannot be reached, we'll strongly represent you in court, ensuring your rights are protected throughout the legal proceedings.
The most effective course of action depends on the nature of your case and the severity of the harm caused. Our lawyers will carefully evaluate all options – mitigation strategies, seeking apologies, pursuing settlements, or taking the case to court – and advise you on the path most likely to achieve your desired outcome.
Let us guide you through this difficult time. Strict time limits apply, contact the expert defamation lawyers at O’Brien Criminal and Civil Solicitors today for a free initial consultation.
Meet Our Defamation Team
With over a decade of experience our defamation team has made us one of Australia’s leading defamation firms. Led by Senior Associate Stewart O’Connell, our small but dedicated and enthusiastic team have pursued successful defamation claims in courts all over the country, including in the High Court of Australia.
No matter how big or how small your claim, we will always provide you with clear advice and a roadmap to get the best result possible in the most economical way.
We are also well known for taking some cases on a speculative basis, otherwise known as “no-win no-fee”. This means you do not pay legal fees upfront. Please note however, that this type of arrangement is reserved for particular types of cases, and it will not be available in every case.
Peter O'Brien
Principal Solicitor
Stewart O'Connell
Principal Defamation Solicitor
Sidnie Sarang
Defamation Solicitor
Oliver Creagh
Defamation Solicitor
Matilda Bogart
Defamation Solicitor
Matthew Hudson
Practice Manager
Anavi Arya
Defamation Paralegal
Apologies From Successful Media Defamation Matters
The use of Mr Birges’ image was an error and Mr Birges was not involved in the incident in any way.
On 21 February 2019, Seven News published a story about the arrest of two men for plotting to import $36 million worth of methamphetamine into Australia.
Footage from an insurance commercial featuring Shameer Birges was shown during the story during a discussion about one of the men who had been arrested.
The use of Mr Birges’ image was an error and Mr Birges was not involved in the incident in any way.
Channel 7 regrets the embarrassment and distress that the use of the footage has caused and apologises to Mr Birges and his family.
7NEWS correction: Apology to Shameer Birges https://7news.com.au/news/7news-correction-apology-to-shameer-birges-c-535612 
An article titled “‘Life experience degree’ does not make you a lawyer, court says” on February 21 suggested that Mr Vincent Ejueyitsi had attempted to persuade the Federal Court that the degree he obtained online was a sufficient basis for his admission as a lawyer, and that the Court had found that the degree was questionable. Any such suggestion was incorrect.
The Court made no such finding, and Mr Ejueyitsi’s only argument was that the partial accreditation he had previously received from the Victorian Council of Legal Education for the degree, which had subsequently been revoked, should be reinstated.
The Financial Review apologises to Mr Ejueyisti for the harm and distress caused.
Apology to Vincent Ejueyitsi - AFR https://www.afr.com/companies/professional-services/apology-to-vincent-ejueyitsi-20210201-p56yeh 
On 10 May 2018, in association with reporting of a story about the rape of a 2-year-old girl in Tennant Creek, unrelated blurred file footage was shown. The persons depicted in the footage were Yolngu children from the community of Yirrkala who had been filmed for the purpose of a health promotion.
They were not connected in any way with Tennant Creek or the story. Neither they nor their families gave permission for the footage ot be used for any purpose other than the health promotion. dailytelegraph.com.au apologises to the children, their families and the community of Yirrkala for any distress caused by its use of the footage. It has now been removed.
Apology to the Yirrkala Aboriginal community - Daily Telegraph https://www.dailytelegraph.com.au/news/nsw/apology-to-the-yirrkala-aboriginal-community/news-story/72c05304c1093fddef3ec0869359011a 
An article entitled "Backlash over Murdoch Uni’s decision to host ‘dangerous nutrition expert’” (8 June 2017) may have been taken by some readers as suggesting that Christine Cronau was not appropriately qualified to practise as a nutritionist.
This was never intended. We accept that Ms Cronau holds a government accredited Advanced Diploma of Nutritional Medicine, and is an accredited member of the Australian Traditional Medicine Society, a recognised provider association for nutritionists.
Apology to Christine Cronau - Sydney Morning Herald https://www.smh.com.au/national/apology-to-christine-cronau-20180506-p4zdpt.html 
On 21 February 2019, we published a story about the arrest of two men for conspiring to import $36 million of methamphetamine into Australia.
We included video footage and still shots taken from an insurance commercial featuring Mr Birges, suggesting that he may be one of the men arrested.
The use of this footage and still shots was an error. Mr Birges was not involved in the matter referred to in any way.
Daily Mail acknowledges any embarrassment and distress that the incorrect use of the footage and still shots has caused and apologises to Mr Birges and his family.
Apology to Shameer Birges - Daily Mail https://www.dailymail.co.uk/news/article-7091343/Apology-Shameer-Birges.html 
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The Defamation Matter Claims Process
1. Free Initial Consultation
If you believe you've suffered defamation, contact O'Brien Criminal and Civil Solicitors for a free consultation. Our defamation lawyers will assess your situation, explain your legal options, and discuss the possibility of a "no win, no fee" arrangement.
2. Investigating & Building Your Case
Your Case: Your lawyer will meticulously gather evidence and develop a strategic approach, which may involve issuing a Concerns Notice or pursuing legal action.
3. Communication & Updates
Your lawyer will keep you informed about the progress of your defamatory matter, explaining legal processes in clear terms. You'll collaborate with your lawyer to review documents and make key decisions.
4. Pursuing a Resolution
Our lawyers will work tirelessly to achieve the best possible outcome – whether that involves a negotiated settlement with a retraction and compensation or representation in court proceedings.
Remember: Defamation law is complex and seeking expert legal advice is crucial. Our experienced defamation solicitors are here to guide you every step of the way and fight to protect your reputation.
What to Do if You Believe You've Been Defamed in Media or Social Media
Discovering a defamatory statement about yourself in the media or on social platforms is stressful and damaging. Here’s what to do to help with a successful defamation claim:
- Document Everything
- Screenshots: Take clear screenshots of the defamatory content, including the date, time, URL of the page, and any identifying information (like usernames on social media).
- Copies of Publications: If the defamatory material is in a physical publication, obtain copies of the newspaper, magazine, etc.
- Witnesses: If others saw the defamatory content, note their contact details.
- Resist the Urge to Respond:
While it’s tempting to defend yourself, engaging online or contacting the publisher directly can escalate the issue. Your first call should be to a defamation lawyer.
- Seek Legal Advice Immediately
Defamation law is complex and time limits apply. A specialist defamation lawyer will:
- Assess the Situation: Determine if the statements are legally defamatory.
- Advise on Strategy: Outline options, like seeking a retraction/apology, pursuing legal action for damages, or other approaches based on your circumstances.
- Time Limits: Explain strict deadlines for taking legal action in defamation cases.
- Limit Further Spread
- Avoid Sharing: Don't share or draw attention to the defamatory material, as this could increase its reach.
- Reporting Options: Some social media platforms have reporting mechanisms for harmful content. Consult your lawyer first to determine if this is helpful in your case.
- Why It's Critical to Act Quickly
- Mitigating Damage: The sooner you act, the better the chances of minimising the ongoing damage to your reputation.
- Evidence Preservation: Online content can be deleted or edited. Swift action helps secure the evidence you'll need.
- Time Limits: In Australia, there is generally a one-year limitation period to initiate defamation lawsuits. Missing deadlines can severely impact your options.
Remember: Don’t face this alone. Let the defamation experts at O’Brien Criminal and Civil Solicitors guide you and fight to protect your reputation.
Voices of Justice: Client Reviews
Read what clients of O’Brien Criminal and Civil Lawyers have said in Google Reviews after we’ve helped clients restore their good names.
Outstanding! Stewart O'Connell embraced my defamation circumstance that harpooned the opposition with the sharpest most professionally refined strategy. O'Brien's result for me included both significant compensation for my damages and reimburse me for O'Brien Solicitors reasonable legal fees.
Thanks for handling a defamation matter for me against Newscorp. Stewart was highly professional and very personable, and worked effectively with all counsel which was integral in achieving the best possible result against a difficult opposition. Highly recommended.
I'd like to thank O’Brien's Criminal and Civil Solicitors for an outstanding outcome to my defamation case. Defamation is a particularly difficult area and not straight forward however Stuart was not only extremely confident he was also supportive and empathetic to the situation i was in.
O'Briens have a very professional approach. In my case they were the second legal firm I used to handle my issue and seemed much more supportive than the first experience. Stewart O'Connell understands strategy and was good to deal with.
I found all the people that worked on my case at O'Brien's very easy to deal with. I can only praise the firm and people involved with O'Brien's. Not only was the outcome fantastic, my appreciation for the help and kindness from O'Brien's is a credit to all.
I recently had the pleasure of working with O'Brien Criminal and Civil Solicitors and cannot recommend them highly enough. Their legal expertise and dedication to their clients are unmatched. From the moment I contacted them, they provided me with outstanding support and guidance.
FAQ’s on Defamation Law
A news outlet published a false story about me. Can I sue?
Yes, you may have grounds for a defamation lawsuit. Defamation occurs when a false, harmful statement is published, damaging your reputation. However, media outlets have some protection under the principle of press freedom. A defamation lawyer can expertly assess your situation and guide you on whether pursuing legal action is the best course.
What is the time limit for a defamation action and can I get an extension?
Generally, you have one year from the date of publication to commence a defamation lawsuit in Australia. In limited circumstances, an extension might be granted by the court, but this is not guaranteed. That's why seeking legal advice immediately after discovering the defamation is crucial.
Can you help me get defamatory material removed from the internet?
Yes, we can assist in getting false and damaging content removed. Depending on the platform and nature of the defamation, strategies include negotiating with the website owner, pursuing legal avenues for removal, or issuing formal takedown notices where applicable.
What is defamation?
In simple terms, defamation is a false statement, communicated to others, that causes harm to your reputation. It can be spoken (slander) or written (libel). Online publications, including social media, also fall under defamation law.
Just because you do not like what someone has said about you, it doesn’t necessarily mean that you have a claim for defamation. Several factors need consideration:
- What were the exact words that were said and/or published?
- How widely disseminated was the statement?
- How much, if any, damage have you suffered?
For a claim in defamation, you do not necessarily need to prove any damage. However, any proof of damage will be extremely helpful in your case.
Examples of possible damage might include damage to your public image or reputation.
You might also have suffered financial damage. For example, a loss of a job which was a direct result of the defamatory content.
How much can I claim for defamation of character?
There's no set amount for defamation damages. Compensation depends on factors like the severity of the harm done to your reputation, the reach of the defamatory material, and whether malice was involved. An experienced defamation lawyer can advise on the potential compensation you might receive.
Is defamation criminal or civil?
In Australia, defamation is primarily a civil matter. This means you initiate legal proceedings to seek compensation for damage to your reputation. In rare cases, very serious defamation can lead to criminal charges.
How much does it cost to sue for defamation in Australia?
Defamation legal fees can vary. Some firms, including O'Brien Criminal and Civil Solicitors, may offer 'no win, no fee' arrangements in certain circumstances. Your lawyer will discuss costs transparently during a consultation.
How do you prove defamation in Australia?
To win a defamation claim, you generally need to prove:
- A statement was published
- The statement identifies you
- The statement was defamatory (damages your reputation)
- The publisher was at fault (they were negligent or acted with malice)
Can I sue for defamation?
Whether you have a viable defamation case depends on the specific circumstances. A defamation lawyer offers a personalised legal assessment. Don't attempt to navigate this alone - contact an expert for guidance on your specific situation.
There are many possible parties that you can sue in a defamation case. They can include the:
- original author;
- person quoted or interviewed;
- journalists;
- publishers;
- TV / radio or other broadcast media; or
- web site owners or social media channels.
Even if you have suffered vilification by defamatory statements by an individual on social media, such as Facebook or Twitter, you may have recourse to sue for damages. This will depend on the circumstances of your situation as indicated by the factors mentioned above.
O’Brien Criminal and Civil Solicitors have successfully sued for defamation on behalf of many clients. We secured out of court settlements at the pre-trial stage and many successful court cases including high profile media defamation cases.
Even international defendants are not beyond our reach. We can work with defamation lawyers in other countries to file cases there.
What laws provide defamation protections in Australia?
In Australia, defamation law is governed by state and federal law. The primary law is the Defamation Act 2005, which provides a uniform set of defamation laws across most Australian states and territories.
Key protections under the Defamation Act 2005
- Defines Defamation: The Act establishes the legal definition of what constitutes a defamatory statement.
- Offers Defences: It outlines various defences against defamation claims, such as truth, honest opinion, and public interest publications.
- Caps Damages: The Act places limits on the amount of damages that can be awarded for non-economic loss (like harm to reputation).
In what cases will you offer a 'no win, no fee' arrangement?
We may offer "no win, no fee" agreements for select defamation cases. This means you won't pay our legal fees unless we secure a successful outcome, such as a settlement or a favourable court judgement. To determine if your case qualifies, contact us for a free consultation where we'll carefully assess your situation and merits of your case.
Successful defamation cases we’ve run on a no win, no fee basis include:
- Suing the ABC for defaming an Aboriginal Elder. This resulted in the largest defamation award ever in the Northern Territory;
- Taking action against a prominent magazine for defaming an elderly lady. This resulted in a significant published apology and monetary settlement;
- Suing a variety of newspapers for defamatory comments. This yielded published apologies and monetary settlements;
- A lawsuit against a mining company in relation to a defamatory email. This resulted in an apology and monetary settlement;
- Suing prominent TV news channels for defamatory images resulting in broadcast apologies and monetary settlement.
Defamation Case Studies
See how we have won substantial sums for clients who have sued for defamation in these case studies.
SD v XY Pty Ltd – Client receives compensation for defamation and breach of privacy claims
A media organisation, Nationwide News Pty Ltd, with a well known newspaper in the
Defamation in the nightly news broadcast with allegation of animal cruelty
News outlet runs a story in the nightly news and online saying our clients
AJ – Defamation claim against employer
AJ sued for defamation due to publication by his boss defaming him, falsely saying
Man incorrectly identified as assaulting children
We represented a man who got compensation after tabloid incorrectly identified him as assaulting
Client Receives Compensation After False Allegations Made By Newspaper
LA, a Public Housing tenant, recently discovered defamatory material published about them in an
WH – Client accepts Concerns Notice after defaming politician on Facebook
Defamation on Facebook leads to a Concerns Notice sent by a politician to the
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