Category: Defamation

Anonymous Google reviews
BY: root

What to do about Anonymous Google Reviews

Introduction According to the Australian Small Business and Family Enterprise Ombudsman, approximately 97% of all businesses in Australia are small businesses, that is, businesses that employ less than 20 employees. Most small businesses rely upon their good will, and thus, good reputation, both online and by word of mouth, to survive. It is for this […]

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statutory demand
BY: root

When love turns sour, defamation becomes ripe: A case study of defamation when a relationship goes wrong

Occasionally, I published an article which discusses defamation law in the context of a real life defamation case. Today, I am writing about the Victorian County Court case of Wang v Qin [2021] VCC 1906 (the Wang Case). Defamation disputes arise out of and from all manner of relationships. From neighbourly defamation disputes involving persons […]

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alternative-defamation-of-business
BY: root

An alternative to defamation for businesses: Injurious Falsehood & Misleading & Deceptive Conduct

Defamation and businesses Corporations, and other body corporates have a restriction on standing to sue for defamation, in that, they cannot have more than 10 full time equivalent employees. Likewise, sometimes, establishing serious harm to the requisite threshold can be difficult. For many decades, before the introduction of the uniform defamation law throughout Australia, most […]

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BY: root

Defamatory Google Reviews: Part 2

Defamatory Google Review: Part 2 As we explored in Defamation & Google reviews: Part 1, positive Google reviews are important to most small to medium sized businesses in Australia. They demonstrate to a potential client that your business provides quality goods and services and can be trusted. It is for that reason that when a […]

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BY: root

Publication & Defamation Law in Australia

Publication & Defamation Law in Australia As previously discussed in our article What is Defamation?, a plaintiff commencing a defamation claim in Australia must establish four essential elements. One of the most critical—and usually the first to consider—is publication. In defamation law, publication refers to the communication of defamatory material to someone other than the person […]

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BY: root

Serious Harm & Defamation Law in Australia

Defamation & Serious Harm In the world of defamation law, one of the most significant recent developments in Victoria and other parts of Australia is the introduction of the “serious harm” element. This requirement fundamentally reshapes how defamation claims are assessed, filtering out trivial or unmeritorious cases at an early stage. If you are considering […]

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