Defamation disputes and Discrimination disputes can be pursued in the Courts by a litigant separately or together. This is because there may be a common factual matrix from which an act of defamation may also constitute an act of discrimination. Both actions have their own criteria according to which a future court will need to assess the evidence in light of the law.
Defamation – Basic Elements and considerations
- Proof of publication (verbal/oral or written).
- Proof of damage to reputation (the individual was shunned or disparaged).
- Proof that the publication was untrue.
- Collation of evidence of the publication.
- Obtaining evidence of the shunning or disparagement of the victim.
- Considerations as to the victim’s reputation.
- Where the publication occurred and the damage caused.
- Quantum of damages sought.
Discrimination – Basic Elements and considerations
- Racial discrimination.
- Gender discrimination.
- Religious discrimination.
- Disability discrimination.
- Political Discrimination.
- Context of alleged act of discrimination.
- Factors going to reasonability of act of alleged discrimination.
Defences may be available in some circumstances to an action in defamation or discrimination. In terms of defamation, if the publication was true, made as fair comment or protected under an implied constitutional right, a person suing in defamation may not succeed. In terms of discrimination, there may be some circumstances where an individual may be excluded from employment (for example) for legitimate reasons.
The reason why the Navado litigation team which focuses on discrimination and defamation is closely integrated between these two areas is due to the close relationship between the practice areas. Defamation and Discrimination disputes can occurred in the context of both civil litigation and commercial litigation matters. A defamation solicitor who has carriage of discrimination matters will have a library of knowledge to draw on when considering the alternatives available to a client. Likewise, a discrimination lawyer who has had experience dealing with defamation matters will be best placed to advise his client on the options a client may have to prosecute his case.
Both the defamation lawyer and the discrimination solicitor acting in the litigation legal team at Navado will be supported through the synergistic legal databases, where legal issues particular to one area of legal dispute may be compared and contrasted with potential solutions in other related areas. This achieves a highly detailed and comprehensive assessment and analysis of a legal dispute, so that the aggrieved party (whether they are the plaintiff or the defendant to proceedings) and be properly advised.
If you require assistance with a defamation litigation matter you may wish to contact our firm by telephone on (02) 9233 4048 or email at info@navado.com.au and make an appointment to see one of our solicitors.
This webpage (and any material or wording appearing on this webpage) is provided for general information purposes only and does not constitute any Legal Advice. It does not take into account your objectives, your instructions or all of the relevant facts and/or circumstances. Navado accepts no responsibility to any person who relies on the information provided on this website. We further refer you to our Disclaimer.
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If you require assistance with a matter, you should make an appointment to see one of our Lawyers in one of the following locations:
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