Defamation Lawyer Perth


Defamation Explained In Detail

Legal wrongdoings can be classified into two types, criminal or civil. In Western Australia defamation CAN be either a civil matter or a wrongful action leading to legal liability, OR a criminal offence. Defamation is broadly defined as the publication of unconfirmed facts which smears the reputation of an individual or even hint that someone should be avoided, shunned, criticized, laughed at or regarded with disdain.

Defamation has its origins in British law, which differentiated between two types of defamation as slander and libel. Slander is defamation accomplished through spoken words and libel is the type of defamation achieved through written words. The difference between both kinds of defamation was eliminated in Western Australia as it took up uniform legislation.

Aggrieved Person or Publisher

According to the law in Western Australia, when the reputation of an individual has been blemished by another person with the publication of false declarations against the former, the individual whose reputation has been blemished has all the rights to sue for defamation. The person who has been disgraced is called the ‘aggrieved’ and the person who dishonoured the aggrieved by publication of the defamatory content is called the ‘publisher’.

Form of Publication

In the broader sense, ‘publication’ is defined in the ‘Defamation Act’ as the material that resolutely comprises all written types of speech and communication.

To communicate with another individual, other than the ‘aggrieved’, in a fashion that intends to scar the reputation of the ‘aggrieved’, is the only reason needed to file a case of defamation against the accused.
The various types of written communication considered defamatory include writings, blog posts, printed media, social media posts, statuses and updates, and illustrations of any kind.
Moreover, if a person emails, copies and pastes or posts links to defamatory data in social media, they will be considered as a publisher against whom action can be taken for defamation.

Finding the Publisher

Finding the “publisher” may not be an easy tasks in today’s technology. Defamatory contents may be published anywhere by anyone on any social media platform behind a fake identity. To find out who the true publisher is, there are Court procedures available such as the pre-action discovery application under the Supreme Court Rules.

Please contact our experience defamation lawyers for advice.

Defamation Act in Western Australia

In Western Australia, we have a Defamation Act which regulates matters relating to defamation. An “aggrieved person” must first issue a Concerns Notice to the “Publisher” before commencing legal action in Court. The Concerns Notice must stipulated all the matters prescribed in the Defamation Act

If the Publisher fails to comply, the “aggrieved person” may even claim against the “publisher” damages up to the amount of $389,500.

For advice regarding defamation, please contact our team of defamation lawyers in Perth.

LOAN AGREEMENTS

A loan agreement is a contract governing the exchange of money from one party to another with the agreement that the money will be returned. A loan agreement has specific details about the interest rate, repayment period, collateral, if any, and all terms and conditions governing the contract. In broader terms, a loan agreement is a contract between a borrower and a lender that legislates regulates the mutual assurances made by either party. Loan agreements are essentially documented by a consolidation of the various promises made by the concerned parties.

Taking Security for the Loan

As a lender, usually security is required to safeguard the loan amount and ensure that the borrow repays on time and according to the loan agreement.

Security can be in the form of mortgage over property, charge over shares or chattels, and/or guarantee from individuals.

If the borrower defaults, the lender can enforce his or her rights under the security, take possession of the secured property, and sell it for money to recover the loan amount. However, the borrower may have other creditors who are also seeking to recovery against his or her assets. The law is also very clear and specific about who take priority over the assets of the borrower in default. It depends on whether the lender has any security and if so, whether the security is registered with the relevant authority.

Taking Legal Action Against Borrowers and Guarantors

A lender may take legal action against a borrower in default of the loan agreement. Timing is important. A lender must make sure that he or she has first complied with the procedure prescribed in the loan agreement (or in the case of institutional consumer lenders, under the Consumer Credit Code of Australia).

A lender may take legal action against a borrower in default of the loan agreement. Timing is important. A lender must make sure that he or she has first complied with the procedure prescribed in the loan agreement (or in the case of institutional consumer lenders, under the Consumer Credit Code of Australia).

A guarantor is an individual or a corporation who gives a promise or an assurance or makes a pledge related to performance, quality, or durability. In other words, someone who makes a guarantee is a guarantor. If there is a guarantor, the lender may also commence legal action against the guarantor. However, the lender cannot join or sue the guarantor UNTIL the borrower is found to be liable for default. This is why in any loan agreement, it is important to include not just a Guarantee provision, but a Guarantee and Indemnity provision. With a right to indemnity, the lender can immediately seek recovery from the guarantor even BEFORE the borrower is found to be liable for a default.
To obtain excellent strategic advice, please get in touch with our brilliant top team of litigation lawyers in Perth who will guide you through the process of anything to do with borrowing and loan agreements.

REQUEST A QUOTE NOW! Complete the form below for a fast response

Copyright © Litigation Lawyers Perth.
All Rights Reserved
Enquire Now
Call Us Now