Amongst the dozens of defamation enquiries the lawyers at Atkinson Vinden receive each month, a surprising number relate to issues amongst close friends and even family. Arguments at BBQ’s, embarrassing comments posted on Facebook, gossip amongst social groups, have all led to calls to our team, wanting to know whether a friend or relative can...
A fundamental principle of free speech in our country is that people, including journalists, are at liberty to express their genuinely held opinion about others. When does the expression of this freedom become defamatory? According to the Federal Court in the January 2021 decision of Stead v Fairfax Media Publications, defamation may occur when the...
Along with bringing the wonderful potential for increased connection, in the wrong hands social media carries major risks. Those of us who practice in the field of defamation see some absolutely appalling cases of character assassination online, with entirely unwarranted derogatory comments circulated to literally thousands of people within hours in some cases. The NSW Defamation Act was legislated...
The first step in determining your legal position in relation to an Estate Dispute is often looking at the terms of the Will in question. We regularly have enquiries from clients who are having trouble obtaining a copy of the Will from the executor of the Estate. This is particularly the case when they are...
When family provision claims against deceased estates are reported in the media, it sometimes appears as though anyone can make a claim on a deceased estate, no matter how remote the relationship between the parties. This is not the case. Only certain categories of “eligible persons” as defined in Section 57 of the Succession Act...
This week saw one of our high-profile defamation cases involving Network Ten in the Federal Court. It is fascinating following the media coverage of these cases, because in effect this involves the media reporting on its own conduct. There is a clear fascination within media to understand how far they can push a story before...
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Legal Practitioners at Atkinson Vinden are members of the scheme.
