NSW, Aust. – is it possible to sue someone for slander if it's in the form of the opposing solicitors letter?

May

admin Conveyancing 2010-05-14

If so, then which person has to provide proof?

proof

Elliot @ 2010-05-14 14:16

Possibly, you don’t really provide enough information. If there is a case, the person making the claim has the burden of proving it.
Incidentally the term ‘slander’ is of no legal significance in Australia under the new uniform defamation laws.
The Grappler @ 2010-05-14 14:16

Well, I’m from NSW and a 60+ legal activist. You probably could, but the cost is prohibitive and the finding is very subjective. Even Judges have shaken their heads and said that they do not understand defamation, which has always been held to be the refuge of the well-heeled scoundrel public figure.

My view, soon to be expressed in a political platform, is that any person who makes an untrue and damaging statement should have the only defence of truth, by which I mean proveable truth, otherwise they should be liable to a standard amount in compensation.

That would put an end to many, many things, including the actions of certain current affairs programmes and internet sites who hide behind big dollars, anonymity, and the high cost of taking them to court for their offences.