February 12, 2018

Defamation Case Studies

O’Brien Criminal and Civil Solicitors has represented clients who have made defamation claims as well as defending clients who have been subject to defamation claims. Read about the cases below.

Suing for Defamation Claims

LA – Client receives compensation from newspaper following false allegations

LA, a Public Housing tenant, recently discovered defamatory material published in an Australian newspaper, regarding their alleged unhygienic treatment of the consecutive homes they resided in. We successfully acted for LA in obtaining a settlement between both parties.

SD v XY Pty Ltd – Client receives compensation for defamation and breach of privacy claims

A media organisation in NT published several photos of SD on the front page of their newspaper with a headline and article concerning young offenders. Our firm successfully assisted SD in suing the media organisation for defamation and breach of privacy. SD was compensated appropriately.

Nationwide News v Vass – Appeal of ‘counter offer’ against client dismissed

This case concerned an appeal by the defendant claiming our client did not validly accept the second offer of amends as put forth by the defendant. Our firm successfully proved that our client’s acceptance of an offer was not a ‘counter offer’ and as a result the appeal was dismissed with costs.

AJ – Defamation claim against employer

Our client filed a defamation complain against his employer after a report had circulated around the company. The report implied that AJ had committed acts of vandalism. Thus falsely imputing that he was a vandal and criminal. His employer agreed to settle and issued an apology letter.

RK v Healey & ABC – Damages awarded for false statements made against client

Aboriginal elder RK sued previous Young Australian of the Year nominee Rebecca Healey and ABC News for making false statements about alleged comments that she had made. In fact she had not made the comments at all. The firm successfully proved that RK had never made those comments. As a result she was awarded compensation.

AMQ – News article incorrectly uses client’s photo

AMQ found that a news report had published his photo when the article was about a different person. We assisted AMQ to sue the publisher and arranged a negotiation which resulted in an apology and compensation.

Defence against Defamation Claims

MXM – Defence representation in defamation settlement

We represented a news publication who was sued for defamation. We helped MXM to negotiate an effective settlement which reduced the amount of compensation that the plaintiff had asked for at trial.

WH – Client accepts Concerns Notice after defaming politician on Facebook

We advised our client to accept a Concerns Notice after he posted defamatory material of a politician on Facebook. Recent damages awards suggest the defamed persons would have been awarded in excess of $100,000 if the matter proceeded to trial.