If you have been defamed, acting quickly and following the right steps protects both your claim and your negotiating position. This is the usual sequence in New South Wales.
1. Preserve the evidence
Capture the publication in full, with dates, URLs and any comments, shares or republications. Online material can be edited or removed without notice.
2. Get advice early
A lawyer will assess the imputations conveyed, whether the serious harm threshold can be met, the defences the publisher is likely to raise, and the costs and risks of a claim.
3. Concerns notice
Before starting proceedings, a claimant must give the publisher a concerns notice. It identifies the publication, the defamatory imputations and the harm caused. Proceedings generally cannot be commenced until 28 days after the notice is given, which gives the publisher time to respond.
4. Offer to make amends
Within that period, the publisher may make an offer to make amends, such as a correction, an apology and payment of compensation and costs. If a reasonable offer is refused, the publisher may rely on it as a defence.
5. Proceedings
If the matter does not resolve, proceedings can be commenced in the Supreme Court, the District Court or, in some cases, the Federal Court. Either party may elect for a jury in NSW state courts, subject to the court's discretion. Many matters settle before trial.
The time limit
Proceedings must generally be commenced within one year of publication. A court can extend that period up to three years in limited circumstances. Delay can also weaken a claim, so it is important to act promptly.
This article is general information only and is not legal advice. The law may have changed since publication. Contact us for advice on your circumstances.