Defamation lawyers, for both sides.
Carter Capner Law acts for people who have been defamed online, in the media or at work, and for people accused of defaming someone. Two deadlines shape almost every case. Start with your side below.
Something false was published about you
- A review, post, group chat, email or news story
- It identifies you and is hurting your reputation or business
- You want it corrected, removed or compensated
You’ve been accused of defaming someone
- A concerns notice, a lawyer’s letter or a court claim
- About something you posted, wrote, shared or said
- You want to know if you have a defence, and what to do now
Side by side
The same matter, from both sides
Each row follows the same matter from start to finish, so you can see what the other side will be doing at the same time.
Capture it before it disappears
Screenshot the whole post with the date, time and web address. Note who saw it, shared it or mentioned it to you.
- Don’t reply or argue publicly
- Don’t report it for removal until it’s saved
Stop, and keep everything
Don’t delete the post, reply to the notice or contact the other person. Deleting can look like an admission, and the context may be your defence.
- Save the original, comments and any replies
- Write down what you knew when you posted
Is there a claim?
We identify what it meant about you, confirm it identifies you, and test serious harm. A company must also show serious financial loss.
ss 9, 10A Defamation Act 2005 (Qld)
Is there a defence?
Truth, honest opinion, qualified privilege and public interest. We also test whether the other side can prove serious harm at all.
We send a concerns notice
It sets out what was published, what it meant about you and the serious harm. You can’t go to court without one, and a vague notice can be invalid.
s 12A Defamation Act 2005 (Qld)
We test the notice
Is it valid and specific enough? Is it a statement of fact, or honest opinion? Is it true? Was it published to anyone else? Has it really caused serious harm?
Defences: truth, honest opinion, qualified privilege, public interest
Weigh any offer carefully
The publisher has 28 days after receiving the concerns notice to offer a correction, an apology, costs or compensation, and you can’t sue until that ends. Refusing a reasonable offer can give them a defence, so every offer needs advice.
ss 12B, 14 Defamation Act 2005 (Qld)
Your best chance to resolve it
A reasonable offer to make amends, made in time, can end the matter. If it’s refused, it can become a defence in court.
s 14 Defamation Act 2005 (Qld)
Start within 12 months
Proceedings usually have to start within 12 months of publication, plus up to 56 days if the concerns notice is given late in that year. A court can extend the time to up to 3 years if it is just and reasonable.
ss 10AA and 32A Limitation of Actions Act 1974 (Qld)
Respond on time
A court claim has its own short time to file a defence. Call us the day it arrives. Most matters still settle before a trial.
Correction, apology, compensation
For harm to your reputation and the hurt it caused, and for financial loss you can prove. The law caps damages for non-economic loss.
An outcome you can live with
Often a correction or apology and an agreed end, rather than a trial. If a defence applies, the claim may fail.
Costs, in writing
The first conversation is confidential, with no obligation to go ahead. We set out our costs in writing at the start.
Talk to us before you reply
A lawyer reads every enquiry, and we’ll be in touch within 1–3 business days. If a deadline is close, call now.
Where it happens
Defamation matters we handle
We act for people and small businesses who have been defamed, and for people accused of defaming someone. The medium changes the evidence, the defences and who is responsible.
Outcomes
What a defamation claim can achieve
Many people want the record corrected more than money. Each outcome is weighed separately, and most are reached by agreement after the concerns notice.
If you’re accused
Defences we test
Being accused doesn’t mean you’re liable. We check each defence against what you published, and whether the other side can prove serious harm at all.
It’s substantially true
If what you said is substantially true, it isn’t defamation. Contextual truth can cover the rest.
Honest opinion
An opinion based on true facts, on a matter of public interest, honestly held.
Qualified privilege
Some communications, like references or reports to an employer, are protected unless made with malice.
Public interest
A matter of public interest, where you reasonably believed publishing it was in the public interest.
No serious harm
The other side must show serious harm to reputation. Hurt feelings alone aren’t enough.
A reasonable offer
A reasonable offer to make amends, made in time and refused, can be a complete defence.
Time limits
The dates that decide defamation
If a date is close, call 1300 529 529 before reading further.
28 days
Offer to make amends
The publisher has 28 days after receiving the concerns notice to make an offer. You can’t start court proceedings until that ends.
ss 12B, 14 Defamation Act 2005 (Qld)
12 months
Start court proceedings
From the date of publication. If the concerns notice is given late in that year, the time can extend by up to 56 days.
s 10AA Limitation of Actions Act 1974 (Qld)
Up to 3 years
Extension by a court
A court can extend the time to up to 3 years if it is just and reasonable. It is never automatic.
s 32A Limitation of Actions Act 1974 (Qld)
Our process
From screenshot to resolution
Initial consultation
A confidential review of what was published, your time limits and your options. No obligation.
Evidence and assessment
We preserve the material, identify the imputations and test serious harm and defences.
Concerns notice and 28 days
We send or answer the concerns notice and negotiate any offer to make amends.
Settlement or court
Most matters settle. If not, proceedings start within the 12 months.
FAQ
Common questions
What counts as defamation in Queensland?
Something published to at least one other person that identifies you and lowers your reputation, and that has caused, or is likely to cause, serious harm. The other side may have a defence, such as truth or honest opinion.
Can I sue over a bad online review?
Only if it states something false as fact and has caused serious harm. An honest opinion based on true facts is usually protected.
What is a concerns notice?
A written notice telling the publisher what was published, what it meant about you and the harm it caused. You must send one before starting court proceedings, and it starts the 28 days for an offer to make amends.
I received a concerns notice. What now?
Don’t reply yourself, delete the post or contact the other person. Call us with the notice. We check whether it’s valid and whether a defence applies, and help you decide on an offer within the 28 days.
The account is anonymous. Can anything be done?
Often, yes. A court can order a platform to hand over details that help identify who posted it.
Can my business sue?
A company can sue only if it is a not-for-profit, or has fewer than 10 employees and isn’t an associated entity of another corporation. Either way, it must show serious financial loss. The owners may also be able to sue personally.
The post has been deleted. Is it too late?
No. It was still published. Screenshots and the people who saw it are the evidence. The 12 months runs from publication.
What will it cost?
The first conversation is confidential, with no obligation to go ahead. Costs are explained in writing before any work starts.
Talk to us about what was said
Before you reply, post or delete anything. A lawyer reads every enquiry, and we’ll be in touch within 1–3 business days.