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damages Articles

Injunction Undertaking as to Damages

by | Court Disputes

We have written on injunctions in general [see our article ‘When Only an Injunction Will Do‘] but want to remind you that generally, if you seek an interim or interlocutory injunction, you will need to give an undertaking as to damages, so that if the injunction turns out (after a trial) to have been granted… Read more »

Defamation Damages

by | Defamation

Compensation for Defamation If a person has been the victim of slander or libel, a claim for defamation damages can be brought. Whilst the Courts will not order a defendant to apologise, defamation lawyers will advise that is it good policy to apologise as soon as possible. The Courts will also take a defamation apology… Read more »

A Defamation Apology Can Reduce Damages

by | Defamation

The law of defamation is clear enough in theory, but technical and complex in practice. The Defamation Act, adopted in most Australian States, offers important steps for apologising and making amends that may substantially reduce damages for defamatory publications. However, before offering a defamation apology, it is incredibly important that you seek legal advice from… Read more »

When Only an Injunction Will Do

by | Court Disputes

Whilst civil court actions most often decide whether to award damages or compensation, sometimes they are asked to order an injunction, which is an order telling someone either to do something or stop doing something . For example, say a tenant of a large display shop with enormous fixtures and fittings has a lease for… Read more »