Defamation in strata schemes

As with anything else in life, living in strata has its advantages and it’s disadvantages. I’m often surprised at what people say about others and their lack of concern about defamation.

Executive committee members have often been the target of defamatory statements by owners. However, not all statements are defamatory.

There are a number of defences at common law and under the Defamation Act 2005 to defamation. The defences of truth and triviality are the most common defences.

If you believe you have been defamed or the statements or communications have hurt your personal or business reputation, you should consider obtaining legal advice sooner rather than later as defamation proceedings must be commenced within 1 year from the date of publication of the defamatory statement or communication.

Prior to commencing defamation proceedings, it is recommended to first issue a Concerns Notice that identifies the defamatory statements and imputations being complained of and gives the other party an opportunity to retract the defamation and/or publish an apology and/or offer to pay compensation in lieu of damages.

Please note that the information contained in this article is not legal advice and should not be relied upon. You should obtain legal advice before you take any action or otherwise rely upon the contents of this article.