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Daniel, Solicitor
Category: Australia Law
Satisfied Customers: 5712
Experience:  Bachelor of Laws (dist) Graduate Diploma in Legal Practise. Admitted NSW Supreme Court / High Court
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I am not sure I am just researching. Atm certain false

Customer Question

I am not sure I am just researching. Atm certain false statements and i believe defamation is involved by my partners ex which is not allowing him to have his son because of such statements being said which are not true...
Submitted: 2 years ago.
Category: Australia Law
Expert:  Daniel replied 2 years ago.

Yes they are defaming as it is broadcasted to a third person.
However as it is in court, and that even if the person that drafted up the documents had some completely 'half assed' belief that what was said was true, then that alone is a defence against them for defamation proceedings here in Australia.

Secondly, as it was not in media, the compensation payout would be nil, sadly.