Pricing and FAQ
Pricing
Injunctions, Representation and Mediation
For legal representation, mediation, injunctions or any other work requiring a lawyer, our team at Harris Defamation will have to discuss the details of your case with you in order to generate an estimate of the costs of legal work. We do this on a case by case process, and we can only do it by talking to you.
Costs Orders
Typically, a Court must (unless the interests of justice require otherwise):
- If defamation proceedings are successfully brought by a plaintiff and costs in the proceedings are to be awarded to the plaintiff—order costs of and incidental to the proceedings to be assessed on an indemnity basis if the court is satisfied that the defendant unreasonably failed to make a settlement offer or agree to a settlement offer proposed by the plaintiff; or
- If defamation proceedings are unsuccessfully brought by a plaintiff and costs in the proceedings are to be awarded to the defendant—order costs of and incidental to the proceedings to be assessed on an indemnity basis if the court is satisfied that the plaintiff unreasonably failed to accept a settlement offer made by the defendant.
“Indemnity costs” are perhaps most easily defined as all costs reasonably incurred and of a reasonable amount having regard to the charges ordinarily paid by a client to a solicitor for the work. Whilst there are some exceptions, it is intended to reimburse you for all or most of your legal costs.
As such, in any proceedings it is important to consider making and accepting reasonable settlement offers. That way, assuming you are successful, the other side will usually be ordered to pay your costs on the indemnity basis.
Payment Options
If a Concerns Notice or response to a Concerns Notice is unsuccessful at resolving the matter, and you require further representation, we will do our best to work with you by offering a variety of payment options to suit your situation.
The types of payment options we offer varies depending on the size, complexity and prospects of a case. This may include full or partly deferred fees, payment plans and other assistance with the view to assist you, as best we can, to get through financially and emotionally challenging times.
We cannot, however, offer flexible options for our initial Concerns Notice or response to a Concerns Notice,
Preparing a Concerns Notice
Letter detailing requests to resolve matter-
Discussion with a Defamation Lawyer
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Fixed-fee pricing
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Protect your rights
Response to a Concerns Notice
A reply to a letter detailing requests to resolve matter-
Discussion with a Defamation Lawyer
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Fixed-fee pricing
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Protect your rights
For concerns notices involving 4 or more publications, please contact our team to discuss further.
FAQ
Definitions
General Defamation
Yes; while it is often a civil matter, defamation is a crime under the criminal code but it depends on the severity of the matter.
One person publishing comments about another that are untrue and tends to lower his or her standing in society.
Time and Options
Specifics
The initial steps of ceasing defamatory publications is to write a Concerns Notice to the other side. Depending on how complex your matter is, applying for a court order (injunction) to cease publications may be appropriate.
Defamation cases vary depending on what kind of damages each side seeks. If the case is as simple as a Concerns Notice and reply, it can last for less than 42 days. More complicated matters can take months or even years depending on the case.
Usually, we would recommend writing a Concerns Notice to the other side but you also would have the option of commencing proceedings.
Concerns Notices
Filing a Concerns Notice
A Concerns Notice is a letter to the other side that details what the defamatory publication is, the imputations which arise from them, and a request to resolve the matter with an acceptable Offer to Make Amends.
To draft a Concerns Notice we would require your contact information and information of the other party, along with the publication and some details on how this has affected your reputation and/or your financial circumstances.
When commencing proceedings, we would require further information which changes on a case by case basis.
Famous Australian Cases
Examples of Defamation
Rebel Wilson defamation case-Rebel Wilson was defamed by a magazine where they claimed that she was a ‘serial liar’ amongst other things. This was an untrue statement and the court ruled in favour of Wilson.
Geoffrey Rush defamation case – Geoffrey Rush was defamed by a Sydney newspaper which stated that Rush was a pervert and sexual predator. The court awarded in favour of Rush.
No; everyone has a reputation not only famous people. Therefore, anyone can be defamed.
