Strata is a fertile ground for defamation. With emotions running high and a lot at stake, defamation can become a real issue in a strata community. This webinar looks at some examples of defamation in strata and offers some practical strategies for avoiding the instance of defamation occurring in your body corporate.
Our top 3 takeaways:
1. Defamation Costs Everyone
It costs money to initiate defamation proceedings, then it costs money to defend it. If the party defending is a committee member, then more than likely the big legal fees will be taken from body corporate levies. In other words, the person initiating might end up paying twice.
2. Dirty Laundry Gets An Unwanted Airing
Defamation attracts media attention and especially when it is in strata – it’s great clickbait. You can bet that your strata scheme’s defamation case will be splashed into stories and that in turn means both the individual and the scheme more generally get a lot of very unwanted attention.
3. Run Strata as a Business
We say it often: a strata scheme is like running a commercial enterprise. And, if that is the case, there really is little or no place for emotion – which reduces or eliminates the chances of something defamatory happening, when things are being run at your scheme in a businesslike fashion
Helpful links
- S.111 A BCCMA - http://www5.austlii.edu.au/au/legis/qld/consol_act/bcacma1997388/s111a.html - when submitted by an owner – not a committee!
- 2.232 SM - http://www6.austlii.edu.au/cgi-bin/viewdoc/au/legis/qld/consol_reg/bcacmmr2020616/s232.html NO access if bc reasonably believes material is defamatory
- Previous articles https://blog.hyneslegal.com.au/news/defamation-in-strata
- Motion newsletter https://blog.hyneslegal.com.au/news/does-a-body-corporate-have-to-include-all-submitted-motions-on-a-general-meeting-agenda
Hynes Webinar Hosts
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Frank Higginson
Partner & Director @ Hynes Legal
Frank has extensive experience in strata law and is an active participant in the body corporate and management rights industries. He regularly presents at industry events and offers thought leadership on why strata and body corporate disputes need to be resolved in a different way.
Chris Irons
Director & Consultant @ Strata Solve
Formerly Queensland's Commissioner for Body Corporate and Community Management, Chris ' experience in dealing with strata issues and resolving conflict in body corporate is unmatched. Chris bring unmatched experience to the table as well as a unique perspective on solving issues in strata. Chris now heads up strata consultancy firm Strata Solve.