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by YJIL -

Defamation Claims, Concerns Notices and the Serious Harm Test

Defamation claims in Australia have changed in recent years. A person who believes they have been defamed now faces new steps before they can sue. The threshold for a claim is also higher than it once was. Anyone thinking about a claim, or facing one, should understand these rules early.

This article sets out the main features of the current law. It covers concerns notices, the serious harm element, time limits and the main defences. It draws on the Judicial Commission of NSW Civil Trials Bench Book. The law differs between states and territories, so treat this as a general guide only.

Avoiding Medical Malpractice Claims
by YJIL -

A Dentist’s Guide To Avoiding Medical Malpractice Claims

One of the biggest fears that any medical professional may have, including Perth dentists, is that a patient decides that they wish to sue them for medical malpractice. Apart from the massive financial implications should they lose, the subsequent damage to their professional reputation can often be irreparable.

Sadly, many of the medical malpractice lawsuits are justified, and the patient is rightly entitled to any damages which are rewarded due to the nature of the harm resulting from what the medical professional did. Many others are not justified and are soon dismissed, however, that will not erase the stress and worry they will have created for the medical professional in question.

First Time Litigation
by YJIL -

7 Tips to Deal with First-Time Litigation

When you start a business one of the joys is often knowing that you are helping people get what they want and so fulfilling their needs or solving their problems. So when someone files a lawsuit against you it can make you feel really bad, more especially when you know what happened was not your fault.  Here are some tips to help you deal with it.

  • Get competent and experienced litigation lawyers immediately. You just cannot deal with litigation on your own, there is too much legal work that needs to be done if you are going to get a good result. And the quicker this starts, the better it will be for you. The better the lawyer, the better outcome you will get.
  • Acknowledge your feelings and go easy on yourself for feeling them. Don’t try to hide them and act tough.  It is normal to have a roller-coaster ride of different emotions from fear and resentment through to anger and frustration. Take time out for yourself to relax while still working on your business.
  • Turn to your support network of family and friends. Knowing they are there to support you makes all the difference to your mental anguish at such a time.
  • Understand that fighting for ‘right’ is not always possible due to the prohibitive costs of lawsuits. Try and settle out of court if you can and it will save you stress, time and money, even if you have to pay for something that was not your fault. Make the decision based on what makes the most sense for your business rather than on an emotional basis. Know that a great percentage of lawsuits are settled this way.
shareholder-disputes
by YJIL -

3 Ways to Handle Shareholder Disputes

There are many people involved in running a business from management to staff to shareholders. Often disputes arise, especially when shareholders think management is making poor business decisions that affect their income from the business. When disputes arise they often need to be handled by a commercial lawyer, but there are some other methods that can be used to get the issues solved quickly and cost-effectively.

  • This is when an independent mediator is used to help the parties involved make good decisions. The mediator doesn’t make the decisions; their expertise lies in facilitating discussion and defusing tense situations that do nothing to help get the matter resolved. An independent mediator is a neutral party who is not affected by the outcome of the dispute; this is why both parties feel they can be trusted.
Causes-of-Litigation
by YJIL -

The Many Causes of Litigation

When you own or run a business, litigation is one of the many hazards that you may face.  It is essential to consult with your commercial lawyers for sound legal advice and find out what steps are needed to resolve all kinds of disputes quickly and prevent litigation that could be the ruination of your business. Taking out insurance to cover litigation is also essential, otherwise you could find yourself bankrupt.

Here are some of the causes of litigation that businesses face and tips to prevent it: –

  • Accidental or intentional injury of a client or customer on the business premises. Prevention includes ensuring your workplace is safe for both customers and employees. Prompt dispute resolution practices should be instigated at the first sign of trouble.
  • Accidental injury of an employee during the pursuit of his or her employment. Workplace injuries are a fact of life. You can help prevent them by adopting safe practices and training staff to do their work safely.
  • Intentional injury by another worker on the premises. Another reason for dispute resolution strategies.
  • Defamation of a client or an employee by the company. Watch what you say. People can get irritated and say things they don’t mean. People can become offended and sue.
  • Sexual harassment by an employee or manager to an employee. Training staff how to behave properly should not be necessary – but it is.