Defamation Misrepresentation

Defamation Misrepresentation

Defamation, Injurious Falsehood vs Misrepresentation

The virtual abolition of defamation relief for companies has forced many companies seeking defamation style relief to make questionable claims in misreprentation (s.52 TPA, Australian Consumer Law) and injurious falsehood. James specialises in striking out spurious claims.

James worked for three years in the Fairfax and Herald & Weekly Times newspapers, as political press secretary on Premier Kennett’s private staff and an executive in Telstra’s Government Relations area giving him a rare insight in the main streams of media creation, interpretation and manipulation.

He completed a Graduate Diploma in Communications Law with Melbourne University’s School of Media Law before reading with regular defamation Counsel, Richard McGarvie SC.

SOCIAL MEDIA ATTACK !

Lightening-fast attacks on your business are a significant threat. In the space of 24 hours the viral characteristics of twitter, Instagram, Facebook and Google Reviews might have delivered a conclusive judgement against your goods and services that collapses your revenue.

The organisations that run these social media sites are largely contemptuous of the damage dishonest and malevolent manipulation of their platforms can wreak and offer no effective support against an organized hit job can be arranged using freelancers working for next to no money in countries such as Bangladesh, India and Indonesia.

James specializes in injurious falsehood injunctions the communicate to the Court the seriousness of this new threat. If you are serious about acting quickly, he knows the speed with which a lawyer must move in the circumstances.
James has active matters in the County and Supreme Courts regarding defamation using Facebook and Google Reviews and regularly advises on same.

  • Gayed v Abdelmalek [2020] VCC 1814 (30 November 2020) - Social media defamation – Facebook – award of $120,000

  • Lorbek & Lorbek v King No S CI 2017 04600 – Supreme Court of Victoria defamatory Google Reviews using multiple false names – (ongoing trial in October)

  • Dr John Sader v Dr Paul Mulvaney S ECI 2020 02597 Supreme Court of Victoria – defamatory use of research meetings (ongoing)



James regularly advises bloggers on potential defamation liability. James has appeared as junior to Clive Evatt QC in a defamation jury trial in the NSW Supreme Court and in March 2010 conducted a 9 day defamation jury trial in the County Court of Victoria: Vo v Nguyen. He has a good knowledge of the technical interlocutory steps in defamation proceedings. Rahim v Channel 7and here.

See also: Holbrook v McPhee an internet defamation case involving a US client –
Holbrook and Orphancare International Inc v McPhee [2011] VCC 501 (12 April 2011)

Other matters include Mahon v Carter, a defamation and injurious falsehood proceeding in the NSW Supreme Court, acting for the defendant, and in the Federal Court in South Australia, Astra Resources PLC v Wikifrauds SAD 239 of 2012, both times acting for a public interest website dedicated to exposing commercial fraud. In Astra James also acted for the Defendant.

In Mahon, after systematic attack on the Plaintiff’s pleadings the NSWSC struck out the claim and awarded costs against the Plaintiff: Mahon v Mach 1 Financial Services Pty Ltd (No 2) [2013] NSWSC 10 see case here. In Astra the case was settled on confidential terms after a similar systematic attack on the pleadings. The terms of the resolution of the Astra Resources proceeding are confidential.



James regularly advises on defamation matters and can quickly appraise you of your prospects.

 

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Owen Dixon West Chambers,
Level 10, Room 23, 
525 Lonsdale Street, Melbourne VIC 3000
Phone:

(03) 9225 8141

(03) 9225 8584 (Fax)

(03) 9225 7666 (Clerk)

Monday - Friday: 09.00 to 18.00
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Email:

jdcatlin@vicbar.com.au