Proving Serious Financial Loss
Recent reforms to defamation law in Australia introduced a "serious harm" threshold. For an excluded corporation to succeed in a defamation claim, it is not enough to show that the statement was false. You must prove that the publication has caused, or is likely to cause, serious financial loss. This moves the focus from hurt feelings to balance sheets. We work with forensic accountants and financial data to substantiate these losses, ensuring your claim meets the necessary legal threshold for damages recovery.
Social Media and Online Reviews
The most common source of business defamation claims in Australia is online content. A fake Google review, a malicious Facebook post, or a misleading tweet can go viral instantly. Platforms often refuse to take down content without a court order or a formally drafted legal notice. Our team handles social media defamation cases daily. We identify anonymous posters where possible and serve urgent notices to platforms and individuals. The goal is swift removal of the content and the publication of a correction or apology.
The Concerns Notice Process
You cannot simply rush to court. The law requires you to serve a valid concerns notice on the publisher first. This document must detail the defamatory imputations and the harm caused. The publisher then has 28 days to make an offer of amends. This period is critical for negotiation. A well-drafted notice often leads to a resolution—such as a takedown and settlement—without the need for expensive litigation. We focus on these early interventions to save you time and money.
Remedies and Damages
If litigation becomes necessary, the court can award various forms of relief. This includes general damages for reputation loss, special damages for quantifiable financial loss (like lost contracts), and aggravated damages if the publisher's conduct was particularly malicious. We also apply for injunctive relief to prevent further publication. Our approach is always commercial. We weigh the sue for defamation cost against the potential recovery to ensure legal action makes financial sense for your business.
Why Choose Sutton Laurence King?
We are a boutique Melbourne firm with a dedicated focus on defamation. We do not use confusing jargon. We explain the risks and costs upfront. Our team has direct experience in the Magistrates, County, and Supreme Courts. We understand that for a business owner, this is not just a legal matter; it is about the survival and growth of your enterprise. We act quickly to protect what you have built.
