Privacy policy

What we collect

When an enquiry is sent through this website we collect the information entered in the form: name, email address, telephone number if given, state or territory, whether the enquiry is from a person who has been written about or a person accused of defamation, a description of what happened, where it appeared if given, and the availability given for a consultation. We also record the date and time of the enquiry, the page it was sent from and the network address it was sent from, which we use to protect the form against misuse.

If we are engaged to act, we collect the further information needed to provide legal services. In a defamation matter that often includes copies of publications, correspondence, information about the people involved, and information about health, finances or reputation that is relevant to the claim or defence. Some of that information may be sensitive information under the Privacy Act. We collect it with consent, or where it is reasonably necessary for the legal services we have been asked to provide.

We collect personal information directly from the person concerned wherever practicable. In litigation we also receive personal information about other people from clients, other parties, courts, tribunals and public sources.

Why we collect it

We use personal information to check for conflicts of interest before responding to an enquiry, to respond to enquiries, to provide legal services and conduct matters, to issue invoices and receive payment, to comply with our legal and professional obligations including record keeping and trust accounting requirements, and to manage our relationship with clients and former clients. We do not sell personal information and we do not send marketing material to people who have only made an enquiry.

Website, cookies and the claim checker

This website does not use advertising cookies. Our hosting and security provider, Cloudflare, may set strictly necessary cookies and may collect technical information such as network addresses and browser details to protect the site against automated abuse. Where we enable a spam check on the enquiry form, Cloudflare's Turnstile service processes a limited amount of browser information for that purpose.

We use two analytics services to understand how the website is used and to improve it. Cloudflare Web Analytics measures page views, referring sites, countries and page loading performance without cookies and without tracking individual visitors. Microsoft Clarity records how visitors interact with pages, including scrolling, clicks and movement, and produces heat maps and session recordings. Clarity sets cookies in the visitor's browser and processes technical information such as browser type, device type, approximate location derived from the network address and the pages visited. Text typed into forms is masked and is not captured. Microsoft may process this information outside Australia and uses it in accordance with the Microsoft Privacy Statement. Visitors who do not wish to be included can block cookies or scripts for this site in their browser settings; the website works without them.

The claim checker on this website runs entirely in the visitor's browser. The answers given are not sent to us unless the visitor chooses to carry them into an enquiry, in which case they are included in the enquiry message.

Links on this site to court judgments, legislation and other third party websites are provided for information. Those sites have their own privacy practices which we do not control.

Who we share it with

We disclose personal information where it is necessary to provide legal services, including to barristers, experts, process servers, courts and tribunals, other parties and their lawyers, and mediators. We also disclose information to service providers who help us run the practice, such as providers of hosting, email delivery, document storage, practice management and payment processing. Those providers are permitted to use the information only to provide their services to us.

We may also disclose personal information where the law requires or permits it, including under court orders, statutory notices and our professional obligations.

Overseas disclosure

Our website is delivered through Cloudflare's global network, website analytics are processed by Cloudflare and Microsoft, and enquiry emails are delivered through an email service whose servers may be located outside Australia, including in the United States. Information entered into the enquiry form may therefore be processed outside Australia in transit. Client files are stored with providers that hold data in Australia unless we tell a client otherwise. Where we need to send personal information overseas in the course of a matter, for example to a party or witness abroad, we do so with the client's knowledge.

Storage and security

We take reasonable steps to protect personal information from misuse, interference, loss, unauthorised access, modification and disclosure, including access controls, encrypted connections and secure document systems. Email and web forms are not perfectly secure, and anyone sending us information should use their judgement about what to include in a first enquiry.

We keep client files for at least seven years after a matter ends, or longer where the law or the nature of the matter requires it, and then destroy or de identify them. Enquiries that do not lead to an engagement are kept for as long as needed to maintain our conflict records.

Access and correction

A person may ask for access to the personal information we hold about them and ask us to correct it. We will respond within a reasonable time. There are circumstances in which the Privacy Act permits or requires us to refuse access, for example where the information is subject to legal professional privilege belonging to a client or relates to anticipated legal proceedings. If we refuse, we will say why in writing.

Questions and complaints

Questions about this policy or complaints about the handling of personal information can be raised with us by post to Gibbs Wright Lawyers Pty Ltd, Level 7, 193 North Quay, Brisbane City QLD 4000, or through the contact page. We will acknowledge a complaint, investigate it and respond in writing. A person who is not satisfied with our response may complain to the Office of the Australian Information Commissioner at oaic.gov.au.

We may update this policy from time to time. The current version is the one published on this page.