WA Paedophile Accusations - Grounds for Defamation?

Australia's #1 for Law
Join 150,000 Australians every month. Ask a question, respond to a question and better understand the law today!
FREE - Join Now

Unknown entity

Well-Known Member
9 March 2018
30
2
124
I was accused by a neighbor of being a Paedophile on three occasions in front of my children. The calling of Paedophile occurred in a suburban street and was shouted at a volume to cause others inside homes to hear.

Due to event we had to sell our home and move.

Is this grounds to commence defamation? The calling of Paedophile was captured on voice recording.

Thanks in advance.
 

Rod

Lawyer
LawConnect (LawTap) Verified
27 May 2014
7,820
1,072
2,894
www.hutchinsonlegal.com.au
The details are sketchy, but at face value, yes. The accusation is a especially serious accusation and likely has consequences. Defamation is not DIY and you should see a lawyer to discuss the matter.

Selling/purchase costs may be in play but this is something the lawyer can investigate.

Record and diarise events now before some essentials are forgotten. Even record things like the weather at the time of day the event occured. The more detail the better. Let the lawyer sort through what may be relevant.
 
  • Like
Reactions: Unknown entity

Unknown entity

Well-Known Member
9 March 2018
30
2
124
I have it captured on voice recording which includes the person encouraging our children to denigrate us and threats of violence.

I may have got my self in trouble as the voice recording transcript was placed ont9 affidavit for consideration of court to accept as admirable evidence. I am now inf9rmed that in family court a magistrate will,take a ber6 grim view of recordings as it ads oil to fire. Oh dear in trouble yet again I guess.
 

Rod

Lawyer
LawConnect (LawTap) Verified
27 May 2014
7,820
1,072
2,894
www.hutchinsonlegal.com.au
An action for defamation in a civil court doesn't face the same problems as would happen in a family court. Keep the video and use it for the defamation case.
 
  • Like
Reactions: Unknown entity