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ARTICLE · 18 MARCH 2022

Should you be concerned? What to do if you receive a Concerns Notice

The delivery of a Concerns Notice is the first, now prerequisite step, of commencing defamation proceedings in Queensland.

AustraliaLitigation, Mediation & Arbitration

So you've run your mouth, or more likely your fingers, the aggrieved takes issue and gives you a Concerns Notice alleging that you've defamed him/her and sometimes, it. What do you do?

1. Do nothing

Doing nothing can be useful, until it isn't. As discussed in my previous article on defamation, the delivery of a Concerns Notice is the first, now prerequisite step, of commencing defamation proceedings.

Following the delivery of a Concerns Notice, the aggrieved may commence defamation proceedings after 28 days. On the basis that the Concerns Notice is valid, doing nothing may result in proceedings being commenced and you being exposed to sometimes unnecessary litigation.

Upon receiving a Concerns Notice, call your lawyer. Your lawyer will then review and consider the Concerns Notice and advise you of the options available to you.

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