Defamation claims must generally be commenced within 12 months of the publication of the defamatory matter. The court has discretion to extend this period for up to three years if the plaintiff can demonstrate that it was not reasonable to have commenced proceedings within the 12 month period.

In most Australian jurisdictions a concerns notice must be issued prior to the commencement of proceedings however in Western Australia there is currently no such requirement.

Deciding to initiate legal proceedings for defamation is serious decision, not to be entered into lightly. Not only are these cases often complex and vigorously defended they are often costly to litigate. This is why it’s vital to seek guidance from an experienced defamation lawyer who can help you navigate the process and assess the strengths of your case.

An expert in defamation will also be able to provide a number of other procedural and technical advantages to the case that may ultimately determine whether an action is successful or not. One such example, is ensuring the proper formulation of the imputations pleaded.

Who can sue for defamation?

Any living person can sue for defamation. A dead person however cannot be defamed.

If you believe you have been defamed and are unsure of your next steps, don’t wait, as early action is crucial to protecting your rights, minimising damage and vindicating your reputation.

For expert advice and tailored solutions, contact our team today. We’re here to help you understand your options and take the right steps forward.

For further information, please  contact us.