Defamation Lawyers Brisbane
A damaging Google review appears overnight. A former employee posts accusations on LinkedIn. A competitor spreads false claims to your clients. Defamation moves fast online, and the response needs to move faster.
Start with the Fast-Track Assessment
Tell us what has been published and where. It takes about a minute, and the limitation period on a defamation claim is one year from publication.
Need a defamation response drafted quickly? Start here.
About you
Or call (07) 5370 8759 and speak to our experts directly.
What Is Defamation?
Defamation occurs when a false statement about a person or business is published to someone else and causes serious harm to their reputation. Under the Defamation Act 2005 (Qld), a plaintiff needs to establish four things:
Since 2021 amendments to the Act, a plaintiff also carries the burden of proving serious harm under section 10A, a threshold that shifted the earlier default in the plaintiff's favour. For a business, harm to reputation only counts if it's caused, or is likely to cause, serious financial loss.
Google Reviews and Social Media Defamation
Most of the defamation enquiries we see start online. A one-star Google review claiming fraud that never happened. A Facebook comment accusing a tradesperson of shoddy work. An Instagram post making false claims about a business owner. These are treated the same way under the Act as a printed statement, and the same four elements apply.
Small businesses have a real path here. A business with fewer than 10 employees, or a not-for-profit, can sue for defamation directly. Medium to large businesses generally can't, though they may have a claim for tortious interference instead, a related but separate legal avenue worth raising with us if that's your situation.
The instinct to respond publicly to a bad review is usually the wrong one. It rarely resolves anything and can complicate a later claim.
Documenting the publication, screenshotting it before it can be edited or deleted, and getting advice on whether a concerns notice is the right next step protects your position far better than a public reply does.
The Concerns Notice Process
A concerns notice is the mandatory first step before defamation proceedings can start. Under section 12B of the Act, an aggrieved person can't commence proceedings unless they've served a concerns notice, particularised the defamatory imputations in it, and let the response period run its course.
- Day 0
Concerns notice served
Aggrieved person serves a written notice setting out the imputations and harm
TimeframeDay 0 - 28 days
Offer to make amends
Publisher may respond with an offer to make amends
TimeframeGenerally 28 days - After the period
Proceedings available
If no adequate offer is made, or the offer period lapses, proceedings may commence
TimeframeAfter the response period
To be valid under section 12A, a concerns notice must:
Get this document wrong and the consequences aren't minor. A defective or improperly served concerns notice can mean any proceedings you later commence get struck out, and you could be liable for the publisher's legal costs.
- Be in writing
- Specify where the publication can be accessed
- Set out the imputations the aggrieved person considers defamatory
- Explain the harm caused or likely to be caused
- If the aggrieved is a business, specify the serious financial loss claimed
Defences to a Defamation Claim
Not every damaging statement is defamatory, and not every defamatory statement leads to a successful claim. The Act sets out several defences a publisher can rely on.
- Justification (truth)The imputations are substantially true
- Contextual truthOther true imputations mean the false one causes no further harm
- Absolute privilegeMade in parliamentary or court proceedings
- Public documentsContained in, or a fair summary of, a public document
- Fair reportA fair report of proceedings of public concern
- Public interestConcerns an issue of public interest and was reasonably believed to be so
- Qualified privilegePublished to someone with a genuine interest in the information
- Honest opinionAn expression of opinion on a matter of public interest, based on proper material
- Innocent disseminationPublished only as a subordinate distributor without knowledge it was defamatory
Which of these applies, if any, depends heavily on the specific wording and context of the publication, which is exactly the kind of assessment worth getting right before deciding how to respond.
How We Can Assist
Odyssey Legal helps individuals and businesses across Queensland respond to defamatory statements with the right first step, whether that's a cease and desist letter, a concerns notice, or defending a claim brought against you.
Odyssey Legal's defamation work covers both sides of a dispute:
Issuing a cease and desist letter to stop ongoing harm quickly
Drafting and serving a concerns notice
Responding to a concerns notice you've received
Negotiating an offer to make amends
Commencing defamation proceedings
Defending defamation proceedings brought against you
Why Odyssey Legal for Defamation Matters
Odyssey Legal is a Sunshine Coast based litigation firm servicing all of Queensland, including Brisbane, the Gold Coast, and Central and North Queensland. We act for individuals and small businesses on both sides of defamation disputes, with fixed-fee options and a free 15-minute initial consultation to assess your situation before anything is committed to.
Damon Laffin
Legal Practice Director Damon Laffin is admitted to the Supreme Court of Queensland and the High Court of Australia, and has been recognised as a finalist in the 2026 Queensland Law Society Excellence in Law Awards and the 2026 Australian Small Business Champion Awards. Defamation moves quickly online, and the advice reflects that: plain English, a clear view of your options, and no unnecessary delay.
Protect Your Reputation
A defamatory statement does not lose its sting by sitting online longer. Four questions, about a minute, and we will tell you whether a cease and desist letter, a concerns notice, or something else entirely is the right move.
If the publication is recent, start here rather than waiting: the limitation period on a defamation claim is one year. Or call (07) 5370 8759 if you would rather talk it through first.
FAQs
How can Odyssey Legal assist with defamation disputes?
Our team provides expert advice and representation on defamation matters, including drafting or responding to Concerns Notices, negotiating settlements, and commencing or defending proceedings before the Court.
What steps should I take if I'm defamed online?
Document the defamatory content, avoid responding publicly, and seek legal advice promptly to explore your options surrounding a defamation claim or action.
Can I be liable for sharing defamatory content?
Yes, republishing or sharing defamatory material can make you liable for defamation, even if you weren't the original author.
Can a business sue for defamation?
Yes, a small business with under 10 employees or a not-for-profit organisation can sue for defamation. However, medium to large businesses with more than 10 employees cannot commence action for defamation, but they may be able to commence proceedings for tortious interference.
How long do I have to sue for defamation?
Generally, within 12 months of publication. But in certain (strict) circumstances, this timeframe can be extended up to three (3) years.
What damages can I claim in a defamation?
Depending on the severity of the publication in your defamation claim, you may be entitled to claim damages for economic loss (i.e. loss of business), non-economic loss (i.e. damages for stress, anxiety, PTSD) and aggravated damages.
Are there defences to defamation claims?
Yes, common defences to defamation claims include truth (justification), honest opinion, absolute privilege, and qualified privilege.
How do I prove serious harm?
To prove serious harm in a defamation claim, you must demonstrate significant reputational or financial damage. This can be economic loss, including (without limitation) loss of employment, loss of clients, or a downtrend in client enquiries, which may be able to be obtained from an accountant or other expert that can demonstrate the loss.
Non-economic loss including (without limitation) damages for stress, anxiety, PTSD, or otherwise, resulting from the publication, which may be able to be obtained from a treating psychiatrist or psychologist.
How do I prove a defamation claim?
You must demonstrate that the publication was defamatory, referred to you (expressly or that it can be reasonably inferred), and was communicated to third parties. Additionally, you need to show that it caused serious harm to your reputation.
What constitutes defamation under Australian law?
Defamation is the publishing (verbally, in writing, or in other form) by the publisher of unsubstantiated facts about an individual (aggrieved) to a third party, which damages the reputation of the aggrieved, causing them to suffer loss or damages.
What is the Importance of a Concerns Notice?
The Concerns Notice is a prerequisite for an aggrieved party wishing to commence proceedings under the Defamation Act 2005 (Qld).
The Concerns Notice is the foundation for any defamation proceedings, and consequently, if the Concerns Notice does not meet the specific requirements under the Defamation Act 2005 (Qld) and is deficient or incorrectly served, then this could mean that any proceedings commenced by you could be struck out or dismissed and you could be liable for the publishers' legal costs.
This is why it is imperative that the Concerns Notice is drafted and served in compliance with the Defamation Act 2005 (Qld).
What is the Defamation process?
In compliance with the Defamation Act 2005 (Qld), prior to commencing proceedings, the aggrieved party must issue a Concerns Notice to the publisher. The publisher will then generally have 28 days to make an offer to make amends. If the publisher fails to do so, or the offer to make amends is insufficient, then the aggrieved may commence defamation proceedings.