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#40130 Wed 22 Oct 2008 05:09:PM
Joined: Feb 2001
Posts: 345
jaremt Offline OP
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Posts: 345
I like this one and so should anyone with a big mouth they better have a wallet to match.

http://www.news.com.au/story/0,23599,24539150-5007133,00.html

*
It might be only 30,000 bucks but I bet on top she will have to pay a heap of money for the legals on both sided.

A DEFAMATION expert has warned warring families to watch what they say after a woman who called her in-law a pedophile during a "family feud" was ordered to pay him $30,000 in damages.

Only four people - including the man's son and daughter - heard the remark, which was made during a child access dispute in July last year.

But District Court Judge Judith Gibson, who ordered the payout, said: "The making of an allegation of pedophilia, in the context of a dispute of access and custody, is like pouring oil onto a fire.

"It caused the plaintiff a great deal of anxiety and concern. The fact that a serious defamation was published to persons who are close to the plaintiff does not make it any the less hurtful."

Macquarie University's law school defamation expert Roy Baker said Australia probably had the most stringent defamation laws of any English-speaking country.

He had not heard of a case like this in 20 years and said most people would be surprised to learn that something said in anger could land them in court.

"This is one of those salutary warnings," he said.

"Watch what you say, only say what you mean and if you say more than you mean, you should immediately correct it and probably apologise."

Those involved cannot be identified for legal reasons but the woman who made the defamatory remark was the maternal grandmother of the child at the centre of the dispute.

She admitted she was in a "terrible mood" and "just went off my head" before making the allegation about the child's paternal grandfather.

The court heard that when the man's daughter answered the door, the grandmother told her: "You know your dad's a pedophile - a complete stranger came up to me in the street and told me."

The defence claimed it was just "vulgar abuse" but the man launched defamation proceedings after the grandmother failed to apologise. He also sought aggravated damages because the allegation was untrue. Judge Gibson awarded $30,000 in compensation due to the very serious nature of the allegation.

Relationship Australia's Anne Hollonds said people generally would not contemplate that they might be sued over verbal abuse.

She said people who felt hurt or emotional in family situations might lash out but "it's never a good idea to resort to verbal or physical abuse".

Former Australian Association of Relationship Counsellors president Charles Wilson said people caught up in their emotions could say things they may later regret.

"We should always be careful about what we say because sometimes we don't know what the consequences are and we don't always take into account other people's feelings," he said.

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jaremt #40131 Wed 22 Oct 2008 06:22:PM
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That is the price that people will pay if they start defaming a person calling them a pedophile when they are not.
You will pay with the seizure of your assets after you have been and lost in court. I do not have time for people shooting their mouths when they don't have their facts right.

ew_289 #40156 Thu 23 Oct 2008 01:30:AM
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Hi,

I like this post. Thank you. I will take it personally.
I will watch my BIG mouth and try and remain politically correct future.

cheers.

ew_289 #40214 Fri 24 Oct 2008 08:39:PM
Joined: Feb 2005
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Originally Posted by ew_289
That is the price that people will pay if they start defaming a person calling them a pedophile when they are not.
You will pay with the seizure of your assets after you have been and lost in court. I do not have time for people shooting their mouths when they don't have their facts right.

I totally agree with you with this one.

Joined: Oct 2008
Posts: 515
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Hmm, a person is not a paedophile unless they are CONVICTED of sexual abuse against a minor in a court of law... Yet a person can be convicted of the crime yet have not touched a child at all.

I know, I know... People get convicted of things they haven't done all the time.

Mind you, I must add that DoCS will write in their files that an adult is a paedophile whether they have been charged, convicted or it's simply been suspected.

But I must agree and draw the line at the fact that a person should not be called a paedophile (or anything else for that matter) fact behind it... It's called defamation of character.

Joined: Oct 2008
Posts: 520
D
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Joined: Oct 2008
Posts: 520
Yet, DOCS can slander,demoralize,all the defamation,you can poke a stick at.

So, Why is it, That I/you/us/we, have such a hard time to take them retards to a court room?.
Why cant I file a restraining/DVO order on them ?. for harassment and being threatened.
If a common human did any of that, the cops would not hesitate one iota and charge that person.
Why? is it so?.

I sick of hearing The Cant's, I wanna start hearing the CANS?.

DocSniper #40465 Mon 27 Oct 2008 03:29:AM
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well sniper ...it is obvious they are all in the same hole together.....mates helping mates......God only knows what hole the magistrates hide in, nobody can say they arent aware of the antics of these morons......it is often in the news and they are often caught out.....but bring in accountability and it would soon stop....and that is what is needed....along with some real humans with a conscience and respect for all concerned......but as i said before...they have their own agenda.....I hope you contact Amnesty International too.

kickemout #40468 Mon 27 Oct 2008 03:42:AM
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Amnesty International couldnt give a shit.
(Man!!!! I really must write up all the places i have rang,sent emails. but, there wont be enough MegaBytes on this webpages to take that much load).

WantJustice: has seen it, has heard it. and she cant believe the rejection. even she was told, when she rang Human Rights, That she is not a human,because she does not fit under a heading of their help.

Wayz, There is a way to take DOCS to court. Im no lawyer by any means, But! I know I can, I have the Documentations from the district court house to submit, but I have NO idea how to write it in a Professional manner, As my anger and hate and bitterness, My emotions will spill out.
I just have to find those paper work to tell you and others what they are.

DocSniper #40470 Mon 27 Oct 2008 03:48:AM
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There will be someone here that will come forward and help you Docsniper......I know it is a battle.....and terrible for them to do that sort of thing to a male......i know of someone who may help but that person is overseas at moment....but on return shall bring this up ...lets see what we can get going for you eh.


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