What is a Concerns Notice?

By

What do you do if you have been defamed?

If you believe that you have been defamed, then the first step in a defamation action is to issue a Concerns Notice. This notice will usually outline the date on which the defamatory statements were made, what was said, the defamatory imputations that stem from the publication, who the statements were published to and the remedy sought.

The publisher of the defamatory statement will then have an opportunity to make an Offer to Make Amends in order to avoid the defamation action being pursued further.

What is a Concerns Notice?

Under section 14(2) of the Defamation Act 2005 (Qld) a notice constitutes a Concerns Notice if:

  1. It is in writing; and
  2. Informs the publisher of the defamatory imputations that the aggrieved person considers to be present.

What are defamatory imputations?

Defamatory imputations are the implications that an ordinary reader would draw from the published statements. These insinuations can be drawn in three ways:

  1. By giving the words their true meaning;
  2. By reading between the lines; or
  3. By reading the statements in context with the rest of the publication.

There can be several defamatory imputations that stem from the one statement. It is important that all defamatory imputations are outlined in the Concerns Notice.

When can an Offer to Make Amends be made?

The publisher of the defamatory material has 28 days, from the date of receiving the Concerns Notice, in which to make an Offer to Make Amends.

An offer to make amends may include, but is not limited to:

  1. A written apology;
  2. A retraction of the defamatory statements;
  3. A letter written by the publisher outlining that each statement published is untrue;
  4. Publication of a correction;
  5. A promise not to publish future defamatory statements; or
  6. Compensation.

An offer to make amends must be in writing and be readily identifiable as an Offer to Make Amends.

If you believe you have been defamed it is important to speak with a defamation lawyer. Please contact me should you need assistance or have any questions regarding the above.

Tagged in: , , , , , , , , , , , , , , , , , , , , , , ,


You may also be interested in:

6 Things You Can Expect When Declaring Bankruptcy

Declaring bankruptcy should be your last resort when you are faced with financial difficulties, whether as an individual or as a business owner. It is not exactly a “Get Out of Jail Free” card, as it comes with many adverse consequences, which may significantly impact your financial standing over a considerable period. So what consequences continue reading

How do you determine if a company is insolvent?

The answer to the question “How do you determine if a company is insolvent?” is important because there are serious consequences for a director if debts are incurred after the company has become insolvent, including civil penalties, compensation proceedings and criminal charges. However, it is often difficult to know when a company has crossed the continue reading

What to do if you receive an ATO Director Penalty Notice

Did you know that company directors may potentially become personally liable for unremitted Pay As You Go (PAYG) deductions and Superannuation Guarantee Charges (SGCs)? The Australian Taxation Office (ATO) has significant powers to recover a company’s unpaid liabilities personally through its directors and may issue a Director Penalty Notice (DPN). This article focuses on the continue reading

Liability Limited by a scheme approved under professional standards legislation | Website by VA