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In Aussie, if you sue someone for defamation of character is it up to them to prove their allegations? and is? |
it necessary to disprove it? The mother and sister of my late husband (he died of AIDS but do not know I am not HIV positive) have been persecuting me and seriously defaming me over the businesses I have bought, built up, and sold, since his death. I had a hiccup with one which caused a temporary cash flow problem but nonetheless was settled out of court a couple of years later (not that they would know that). They have made up very serious allegations against my character, flying thousands of miles to my family to impart such nonsense. They imparted this nonsense to my young daughters, to whom I have showed my financials which disproves the claims, however they have caused me a lot of stress and heartache over their actions, and they still continue to do so with anything they can find. I want to stop them, not collect the damages, but because I am an extremely private person I am not willing to place my financials on the table for their scrutiny Additional: When my husband died we had only small joint assets. He received an insurance payment before he died, but spent it himself (and why shouldn't he have!), which they well know. They slandered me to my family, friends and business peers, and more importantly my daughters "that I squandered the monies - which they state were more than enought to provide for us for the rest of our lives - and squandered the trust monies he left for our daughters (there was no money - and there was no trust)". My assets are comfortable (enough for me to retire quite early) and I am not prepared to make them open to public scrutiny in court as I am a very private person, and I also know that it may result in requests for handouts. I would just ignore it, except it is ongoing and the allegations embarrass me. To my surprise, even my family were inclined to believe them (they live 4 thous miles away), simply because I refused to provide evidence to the contrary. This has causes me much pain. The problem with any defamation proceedings is that they are going to cost you a lot of money up front. |
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