If you’ve been defamed in Australia, in most jurisdictions, your first step is not heading straight to court—but issuing a Concerns Notice.
At Allen Law, we are experts in defamation and reputation protection. Based in Melbourne, we regularly help individuals and businesses navigate the complexities of Australia’s defamation law, including drafting compliant and strategically sound concerns notices.
This guide explains what concerns notices are, why they matter, what legal requirements they must meet, and how Allen Law can help.
What Is a Concerns Notice?
A concerns notice is a formal, written document sent to the person or organisation that made a potentially defamatory statement. It informs them of:
- The defamatory content,
- The harm caused, and
- What action you are requesting that take to remedy the harm (e.g. removal, retraction, apology, compensation).
Its purpose is to give the publisher an opportunity to resolve the issue before litigation begins.
Is a Concerns Notice Mandatory?
Yes, in most parts of Australia—including Victoria, New South Wales, Queensland, South Australia and Tasmania—you must issue a concerns notice before commencing court proceedings for defamation. This requirement is outlined in Section 12B of the Defamation Act 2005.
You must then wait at least 28 days after serving the notice before you can commence proceedings. Failing to follow this step can result in your claim being struck out.
📌 Note: Western Australia and the Northern Territory currently do not require a concerns notice, but this may change with future legislative updates.
Legal Requirements for a Valid Concerns Notice
A concerns notice is not just a letter of complaint—it must meet strict legal standards. Under Section 12A of the Act, your concerns notice must:
✅ Be in Writing
Oral requests or informal communication do not meet the statutory requirement. The concerns notice must be a properly structured written document.
✅ Identify Where the Defamatory Material Appears
You must clearly indicate where the defamatory content was published. This could include:
- A Facebook post
- A Tweet (X post)
- A blog article
- A newspaper column
- A YouTube video
Precise URLs or physical publication details should be included.
✅ List the Defamatory Imputations
You must state what defamatory meanings (or imputations) are conveyed by the material. For example:
- “The plaintiff is dishonest”
- “The plaintiff is unfit to practise their profession”
- “The plaintiff has committed a criminal offence”
✅ Describe the Harm
You must outline the serious harm caused or likely to be caused to your reputation. For individuals, this means personal harm. For companies, this generally refers to serious financial harm.
✅ Attach the Defamatory Content (If Practicable)
If you can obtain a copy of the publication, you should attach it. However, if the defamation was spoken (e.g. in a conversation or phone call) and no recording exists, it may not be reasonably practicable to attach anything.
Why It’s Critical to Get the Concerns Notice Right
Many people attempt to draft concerns notices themselves, only to make errors that undermine their case. Even minor technical defects can lead to:
- Your case being dismissed
- A request for further particulars
- Delays in proceedings
- A weakened bargaining position during settlement discussions
At Allen Law, we’ve seen it all—from notices with vague claims to ones that don’t cite the correct publication. A well-drafted concerns notice can mean the difference between a quick resolution and a drawn-out court battle.
Allen Law’s Fixed Fee and Price Beat Guarantee
We offer:
- Fixed-fee pricing for concerns notices, so you know exactly what you’ll pay.
- A Price Beat Guarantee: Find a better written quote from an Australian law firm? We’ll beat it by 10%.
We believe in transparency, value, and exceptional legal work.
Need Help With a Concerns Notice?
Allen Law is one of Melbourne’s most experienced defamation law firms. We understand the nuance of both protecting and restoring reputations. We handle everything from simple takedown requests to complex litigation.
📞 Phone: (03) 7020 6563
📧 Email: lee@allenlawyers.com.au
🌐 Website: www.allenlawyers.com.au
Why Clients Trust Allen Law:
- Years of experience in defamation law
- A friendly and approachable team
- Transparent costs and prompt service
- Deep understanding of online and social media publications
⚖️ Legal Disclaimer:
This article provides general information and is not legal advice. You should not rely on it as a substitute for legal advice tailored to your specific situation.
