Legal action - Defamation of Character?

Question

This is quite involved, but I'll make it as brief as possible. I've been a volunteer with WIRES for 4 years, and also own and run a non-profit organisation re-homing domestic pets. Recently I was stuck for 2 weeks in Sydney when my car broke down. Upon my return home I discovered my dogs had gotten into boxes of belongings stored on my verandah and strewn the contents around my yard. Another WIRES member who had been out to my place and seen the mess and damage, maliciously took this opportunity to make a written formal complaint to WIRES suggesting I was unfit to care for any type of animal, and I was forced to resign. Her failure to attempt to contact me, and the false allegations she made against me have left me extremely distressed, and I feel she will continue to spread false rumours about me. Another WIRES member has since told me that this person has it in for me, and was determined to have me banned from caring for life. Can anyone tell me if I have a good legal case? Ta

Answer 1

<>In order to prove defamation/slander/libel, you generally need substantial, incontrovertible proof. Hearsay or third-party allegations don't usually work. If you are serious, consult a lawyer (barrister? :)....they will usually advise you on the merits of your case for small or no fee.

Answer 2

Is it defamatory? Injurious falsehood? Could there be any defamatory imputations that identify you or your non-profit business? Action in the tort of trespass may also be advisable?


An article can only be sued on if it :

1) Was published (can be a letter or email);
2) Contained defamatory material (Joe bloggs incompetent worker);
3) The defamatory material is about an identified person (Your name, company's name?), company etc...and;
4) There is no legal defence available to all those involved in the publication.

The plaintiff (you) has to prove the first three elements. The defendant has to disprove the last.

You say this letter was done with malice? This could be a very significant factor. I think you should see a legal practitioner in this specialist area. You say you run a non-profit organisation? There is now uniform legislation for defamation actions for this (Section 9 Defamation Act 2005(NSW)):

A corporation can still sue for defamation if:

1. it is a non-profit corporation and not a public body (such as a local government or public authority); or
2. it employs less than 10 people, is not related to another corporation and is not a public body.

In assessing the number of employees of a company, part time employees are to be taken into account as an appropriate fraction of a full time equivalent.
Hope this helps, i urge you to get some proffessional legal advice.

Thankyou

Answer 3

I dont know about Australia, but in the US, slander/libel requires 3 things to be proven:
1) the statement was false
2) the plaintiff knew it was false
3) the plaintiff made this untruthful statement with the purpose of injuring your reputation.

It goes without saying that proving all three things is very uncommon. I dont know how different the law is in Australia, but since you cant prove even the 1st part- I dont see how you could make a case against a person who, based on all availible evidence to the court, was simply a concerned individual trying to ensure the proper care of animals. Whatever mitigating circustances you had (known or unknown to the plaintiff), you have to admit that the mess caused by your dogs simply looks bad. It looked bad enough for you to have to resign, in fact. Even your claim that they 'have it out for you' is pure heresay, and furthermore, it does not assume that they 'have it out for you' without a good reason.

Answer 4

I would think that would be very hard to prove. What someone else has told you is heresay and probably wouldn't be allowed in court. You can always talk to an attorney, though.