Defamation & Civil Law

Defamation is a complex area of civil law that deals with statements or publications that harm a person’s reputation. Action under defamation law can be critical for individuals to recover their reputations when they have been unfairly harmed. Other areas of civil law in New South Wales include contract law, tort law, property law, consumer law and employment law. 

Defamation Law

The Defamation Act 2005 (NSW) sets out the legal framework for defamation in New South Wales. One of the key elements of a defamation claim is establishing that the statement or publication in question was defamatory. This means that it must have lowered the person’s reputation in the eyes of reasonable members of the community. Another important element of a defamation claim is proving that the statement or publication was published to a third party. This means that it was communicated to someone other than the person who was allegedly defamed.

The primary form of damages awarded in defamation cases is compensatory damages. These are intended to compensate the injured party for the harm suffered as a result of the defamation. The amount awarded depends on various factors, including the seriousness of the defamation, the extent of the publication, the impact on the plaintiff’s reputation, and any financial or emotional loss suffered.

In certain circumstances, the court may award aggravated damages in addition to compensatory damages. Aggravated damages may be awarded if the defendant’s conduct aggravated the harm caused to the plaintiff, such as acting with malice or displaying a lack of remorse.

In New South Wales, there is a cap on non-economic damages for defamation cases. However, there is no cap on damages for economic loss or special damages.

Civil Law

If you are involved in a civil dispute, we can represent you in negotiations and, if necessary, help you prepare your matter and any evidence required to commence a claim in court, or defend a case that has been brought against you.

Civil law covers a range of legal matters in New South Wales. One of the key elements of civil law is resolving disputes between parties, often through mediation or other forms of alternative dispute resolution. 

Contract law governs the creation and enforcement of legally binding agreements between individuals or organisations. This includes the sale of goods and services, employment contracts, and leases.

Tort law deals with civil wrongs or injuries caused by one party to another, which may result in legal liability for the person responsible. This includes negligence, defamation, and intentional harm.

Property law governs the ownership, transfer, and use of land and other real estate. This includes the buying and selling of property, leasing, and disputes over boundaries or other issues related to property ownership.

Consumer law governs the relationship between businesses and consumers. It regulates the advertising, sale, and supply of goods and services to consumers and sets out consumer rights and protections.

Employment law governs the relationship between employers and employees. It includes issues such as workplace health and safety, discrimination, and unfair dismissal.

We are skilled negotiators and experienced advocates and can help with a range of defamation and other civil law disputes. We aim to achieve a quick and inexpensive resolution of your matter, while protecting your legal rights, but keeping you out of the courtroom wherever possible. We will provide transparent advice and clear options on how to proceed so you can make informed decisions.

If you need help, contact [email protected] or call 0401 451 322 for expert legal advice.