If you are threatened with a defamation claim or you
receive what is known as a
Defamation Act "concerns notice", there are
certain steps that ought to be taken particularly if you are of the
view that you will have any difficulty in proving the truth or
otherwise defending what has been said or what has been
published.
1. Seek legal advice prior to publication
It should always be remembered that in the absence of a viable
counterclaim, the very best that a defendant to a defamation action
will ever achieve is to recover some portion of the legal costs
incurred in defending any such claim. Therefore, if it is intended
to publish anything of a controversial nature which could
potentially give rise to a defamation claim then it is always
recommended that a suitably qualified lawyer be engaged to provide
pre-publication advice. Although such advice is no guarantee that a
claim will not rise, it might at least place you in a position to
better defend any claim that
