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Patrick H.
Patrick H., Lawyer
Category: Australia Law
Satisfied Customers: 5361
Experience:  Dip Law LPAB - Sydney based lawyer
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I am John Graham, Narelle's husband. Can you please give me

Customer Question

I am John Graham, Narelle's husband. Can you please give me some advice regarding a situation I have been involved in with my local community association of which I was President for 4 years up to October 2015. The incoming President John Potten carried out an investigation of funds and their disbursement to the point that there has been an ongoing personal attack upon myself since 30 January 2016. The disbursement of the funds has been accepted by the committee members however the attack has now formed part of the residing Presidents resignation. The resigning President is a Justice of the Peace and has tendered his resignation under the signature and stamp for the position he holds through the Department of the Attorney General in WA.
I include a copy of the minutes of the Special Meeting and a copy of the letter of resignation.1. Should John Potten be allowed to use his JP status to sign off on his letter of resignation.
2. What are my rights as I am not happy for this document to be recorded officially as his perceptions question my integrity.
Submitted: 8 months ago.
Category: Australia Law
Expert:  Patrick H. replied 8 months ago.
Hello and thank you for your question.1. Mr Potten is allowed to sign off as a Justice of the Peace if he is indeed a Justice of the Peace.2. His letter of resignation is not disputable except to the extent that his observations are both untrue and defamatory. Whilst you cannot undo the letter, or remove it from the record, if you believe his statements are untrue and defamatory then can consider bringing legal action for defamation, which if successful might force Mr Potten to withdraw the letter or apologise for any defamatory statement within the letter. However, if his factual statements are strictly true, but the lack of context is the reason they raise a defamatory context, it may be a better option for you to simply respond with a letter to the committee setting out your response to his letter so that you can defend any perceived attack on your integrity.Be aware that defamation proceedings, especially if establishing the relevant facts is difficult or complex, can be a very expensive type of litigation, and that the very act of bringing legal action can make matters worse because it will raise the profile of the defamatory material. For that reason bringing legal action should only be taken after careful consideration, and it is sometimes best to do nothing if you think few people are interested or receptive to the defamatory statement.Good luck and PLEASE RATE MY ANSWER.

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