Statutory Defence of Qualified Privilege in Defamation This section in the Defamation Act 2005 (Qld) (“the Defamation Act”) in relation to qualified privilege is quite long, so we can break it up as follows: Section 30(1) of the Defamation Act states: (1) There is a defence of qualified privilege for the publication of defamatory matter […] The post Defence of Qualified Privilege in Defamation appeared first on Stonegate Legal ..read more

Defence of Justification in Defamation Section 25 of the Defamation Act 2005 (Qld) (“the Defamation Act”) states: It is a defence to the publication of defamatory matter if the defendant proves that the defamatory imputations carried by the matter of which the plaintiff complains are substantially true. In Australian defamation law, the defence of truth, […] The post Defence of Justification (Truth) in Defamation in Australia appeared first on Stonegate Legal ..read more

Defamation & False Sexual Allegations In recent years, the intersection of defamation law and false sexual allegations (such as rape, sexual assault, and paedophilia) has formed a complex battleground in courts around Australia. High-profile cases such as the Brittany Higgins case often highlight the delicate balance between protecting reputations and upholding justice for victims of […] The post False Sexual Allegations & Defamation Claims appeared first on Stonegate Legal ..read more

I’ve Received a Concerns Notice – How to Respond Are you someone who has recently received a concerns notice from another party and is struggling to understand the process of forming and sending a response? If so, you may feel very stressed about this situation, as a concerns notice is a serious legal document that […] The post I’ve Received a Concerns Notice, What Do I Do? appeared first on Stonegate Legal ..read more

What is Defamation? Defamation (commenced by a concerns notice) encompasses the legal framework designed to safeguard individuals and certain organisations from untrue or harmful information and assertions that could negatively impact their social standing or reputation. This area of law is established through a mix of common law and statutory provisions. The publication is defamatory […] The post Sending a Concerns Notice – Complete Guide appeared first on Stonegate Legal ..read more

Serious Harm Threshold In 2021, the Defamation Act 2005 (Qld) (‘Defamation Act’) was amended to introduce (among other things) the serious harm element, the requirement for a plaintiff to meet the serious harm threshold and removed the defence of triviality. This amendment has shifted the burden of proof from a defendant to the plaintiff to […] The post Serious Harm Threshold in Defamation appeared first on Stonegate Legal ..read more

Recovery of unpaid legal fees in Queensland Are you a solicitor or an Australia Legal Practitioner in Queensland who is owed money from clients and looking at the recovery unpaid legal fees? To be entitled to the recovery of unpaid legal fees (without a costs assessment having been undertaken), the following steps should have been […] The post Recovery of Unpaid Legal Fees – Complete Guide for Lawyers appeared first on Stonegate Legal ..read more

Are you a creditor or a financial controller looking at how to collect statute barred debts? If so, this may cause a lot of concern for you as a creditor, as dealing with statute-barred debt is a difficult situation to find yourself in and may prevent you from recovering the debt. In most states and […] The post How to Collect Statute Barred Debts appeared first on Stonegate Legal ..read more

Are you a creditor who is looking for an effective to get your debts collected from clients, but doesn’t know if you should use a debt recovery law firm? If so, it may be time for you to try debt recovery from a debt recovery law firm to see how they differ over in-house debt […] The post Why Use a Debt Recovery Law Firm? appeared first on Stonegate Legal ..read more

What is the Corporate Veil & When Are Directors Personally Liable? If you’re considering the option of piercing the corporate veil to recover a debt from a company director, and making the director personally liable, instead of the business itself, it’s essential to first understand what the corporate veil is and its intended purpose. When […] The post Directors Liability – When Are Directors Personally Liable? appeared first on Stonegate Legal ..read more