Jonelle Di Lena is a highly experienced litigator with a particular interest in defamation having appeared on behalf of, and against, most major media outlets in Australia, and some overseas.
She has also managed complex commercial litigation for public and private companies in most jurisdictions including the Supreme Court, Court of Appeal, the Federal Court, the Full Federal Court and the High Court of Australia.
Jonelle Di Lena is extremely passionate about what she does which enables her to develop a clear case strategy even in the most complex of matters.
Through our experience in defamation, we have a strong track record of securing vindication for our clients, whether by way of monetary compensation or a published apology or in most cases, both.
Jonelle Di Lena has been part of the Supreme Court of Western Australia’s highest-ever damages award to a plaintiff in defamation proceedings.
As well as plaintiffs, the firm acts for a number of publishers and other defendants including publications arising from #metoo.
Defamation is a civil cause of action commenced in court in respect of defamatory material published about the plaintiff/claimant to a third person(s). The test as to whether a publication is ‘defamatory’ has been described as a statement that tends to lower the plaintiff’s reputation in the estimation of right thinking members of society. What is considered defamatory is a complex issue but might include allegations of dishonesty, incompetence and immoral or illegal conduct. Generally, an ‘ordinary or natural’ meaning to the words complained of (or whatever form the publication takes) will be accessed by using the benchmark of what the reasonable and ordinary person would understand the publication to mean, when considered as a whole.
Generally, a claim for defamation must be commenced with one year from the date of publication of the defamatory statement. In some jurisdictions in Australia, a concerns notice must be issued prior to the commencement of defamation proceedings and the publication will not be defamatory unless it has caused, or is likely to cause, serious harm to the person’s reputation.
The requirement to prove serious harm is a complex issue. Whether serious harm has been suffered must be determined by reference to actual facts, meaning the impact of the publication. Courts have acknowledged that inferences of fact can be drawn from the circumstances and context of the publication, including matters such as the extent and nature of the readership or audience and the gravity of the allegation.
Again, in some jurisdictions there exists an additional test that applies to a body that trades for profit, namely a requirement to show that a statement has caused or is likely to cause serious financial loss.
Commencing court proceedings, especially defamation proceedings, is a serious decision and should only be made after consulting an experienced lawyer in this area.
For further information, please contact us.
