NSW How to Respond to Cease and Desist Letter?

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blacknite

Well-Known Member
25 February 2016
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Hi guys ,

I received following cease and desist letter from a lawyer on behalf of former friend, who I have thrown out of my life now.

Please help me on how I should reply. Is this a good enough defamation case? Shall I get a lawyer to reply as well or shall I reply? If so, please help.

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S

Sophea

Guest
Hi blacknite,

First question, have you engaged in any of the conduct that is described in the cease and desist letter? Assuming you have not, I would simply write back to the solicitor explaining this and there is therefore no basis for any judicial process. I doubt there would be grounds for defamation here, because (as far as is indicated above) there has been no publication of the defamatory allegations except an accusation directly to you. If he was publishing it all over social media or something it would be different.
 

Tim W

Lawyer
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28 April 2014
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Cease and desist doing what?
 

blacknite

Well-Known Member
25 February 2016
19
0
71
Hi blacknite,

First question, have you engaged in any of the conduct that is described in the cease and desist letter? Assuming you have not, I would simply write back to the solicitor explaining this and there is therefore no basis for any judicial process. I doubt there would be grounds for defamation here, because (as far as is indicated above) there has been no publication of the defamatory allegations except an accusation directly to you. If he was publishing it all over social media or something it would be different.


No Sophea , I have not done anything like. It's all plain rubbish.
 

Serge Gorval

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2 November 2015
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Get a lawyer to reply, advising that if your friend commences legal action you will pursue costs on an indemnity basis,

It's quite a serious accusation made against you and without the other side providing you any evidence you can tell them to shove it.
 

Tim W

Lawyer
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28 April 2014
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I agree with @Serge Gorval.
And in the meantime, cease and desist anyway.
 

blacknite

Well-Known Member
25 February 2016
19
0
71
Thanks, guys .

Any recommendation who can write this nasty reply back to him on my behalf? Preferably pro-bono :)
 

blacknite

Well-Known Member
25 February 2016
19
0
71
Hi, again. Any recommendation for a lawyer who can help send a reply to this, please. Thanks.
 

Tim W

Lawyer
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28 April 2014
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