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I am in Victoria and am being served in a defamation case.

Customer Question
Good morning, Good morning, ...

Good morning, Good morning,

Lawyer's Assistant: What state are you in? It matters because laws vary by location.

Good morning, I am in Victoria and am being served in a defamation case. As the defendent, how should I go about the discovery process? I know there are documents and witnesses I need to subpeona for my case. Do you have any advice to get the process under way. Pete

Lawyer's Assistant: What steps have you taken so far?

None, am about to be served and want to get on the front foot to prepare what I need to do in responding and then prepareing my defence

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Have been to the Supreme court already about this case which was dismissed so I had a win there

Submitted: 7 months ago.Category: Australia Law
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Answered in 7 minutes by:
12/21/2017
Solicitor: Leon, Solicitor replied 7 months ago
Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 46,719
Experience: BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
Verified

Hi, I am Leon, a NSW Solicitor. I will be assisting you with your question today. I may ask a few questions. I can call you for an extra fee.

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Solicitor: Leon, Solicitor replied 7 months ago

Good Morning

If you have been served with a statement of claim, and you need further information in order to respond and file a defence, you can send a letter to the solicitors acting for the applicant and request what is known as further and better particulars.

These are a series of questions relating to the application you have been served with, asking for more detailed information to assist you in being able to defend the claim.

I would strongly urge you not to do this yourself, as deformation is a very narrow field and specialised. You should be seeking the assistance of a solicitor that practices in the area to assist you. As this new application relates to proceedings that have already been dismissed, hopefully you have the initial application to see whether they are similar, and your response will also be similar to your response.

But once you are served with the application you can request Further and Better Particulars which will impose on the applicant to enter the questions, and you also request an additional period usually 14 days, after they respond, to be able to file your response.

Once you are served you must make sure that you comply with the Supreme Court rules in relation to lodging your appearance so the court knows whether you are being self represented or have a solicitor representing you.

I hope this makes sense and is of assistance. If you have found my answer to be helpful, please rate me five stars so I can get paid for my services to you. I am happy for you to ask further questions on anything you wish more detail on.

Regards

Leon

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Solicitor: Leon, Solicitor replied 6 months ago

Good Afternoon

I am following up my last post.

Is there anything else I can assist you with?

If not all the best and request you consider rating my work 5 stars so I can be paid.

Regards

Leon

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Solicitor: Leon, Solicitor replied 5 months ago

Good Morning

I am following up my last post.

Is there anything else I can assist you with?

I look forward to hearing from you

Regards

Leon

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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