Defamation Lawyers Brisbane
False or defamatory statements can cause serious harm to personal and business reputations. EAGLEGATE advises businesses, professionals and individuals on defamation claims, online reputation protection and urgent legal relief across Brisbane and Queensland.
Defamation causes harm that is immediate, visible, and difficult to undo. A false statement published online — a damaging Google review, a social media post, a media article — can reach thousands of people within hours and remain searchable indefinitely. Acting quickly, with the right legal strategy, is the difference between containing reputational damage and living with it.
EAGLEGATE advises businesses, professionals, company directors, and individuals on defamation claims across Brisbane and Queensland. We advise on the Defamation Act 2005 (Qld) as amended by the 2021 model law reforms — including the serious harm threshold, concerns notice requirements, and the full range of available defences and remedies.
Defamation is time-limited. The longer you wait, the more the damage compounds — and the closer you get to losing the right to sue.
Our Expertise
Key Defamation Expertise — Remove, Stop, Recover
EAGLEGATE advises on every category of defamation matter.
What is Defamation?
Defamation is the publication of a false statement of fact that lowers the estimation of the plaintiff in the minds of reasonable members of the community and causes, or is likely to cause, serious harm to reputation. Under the Defamation Act 2005 (Qld) as amended by the 2021 model law reforms, a plaintiff (other than a corporation with 10 or more employees) must establish that the publication of the matter has caused, or is likely to cause, serious harm to their reputation — this is the serious harm threshold introduced by section 10A.
Online Defamation and Social Media
Online defamation — including Google reviews, Facebook posts, TikTok videos, Reddit threads, Instagram posts, and news website comments — is the most common form of defamation encountered in commercial practice. The Defamation Act 2005 (Qld) applies to online publications. Each time a defamatory publication is accessed online may constitute a fresh publication, though Australian courts apply the single publication rule to limit the operative publication date for limitation purposes.
The Concerns Notice Requirement
Since the 2021 reforms to the Defamation Act 2005 (Qld), a plaintiff must publish a concerns notice to the publisher before commencing defamation proceedings (sections 12A and 12B). The concerns notice must: identify the matter complained of and explain how it is defamatory; specify the harm caused or likely to be caused; and give the publisher an opportunity to make an offer to make amends. Failure to send a proper concerns notice may affect the plaintiff’s ability to recover costs.
Defences
Common defences under the Defamation Act 2005 (Qld) include: justification (the matter was substantially true — section 25); honest opinion (the matter was an expression of genuine opinion based on proper material — section 31); qualified privilege (the matter was published to a person with a corresponding interest in receiving it — section 30); and the public interest defence introduced by the 2021 reforms (section 29A), which protects publication of matter concerning issues of public interest where the defendant reasonably believed publication was in the public interest.
Corporations and Defamation
Under section 9 of the Defamation Act 2005 (Qld), a corporation that has 10 or more employees at the time of publication, and is not a not-for-profit, cannot bring a defamation action. Such corporations may have alternative remedies under the Australian Consumer Law (misleading and deceptive conduct under section 18) and through the tort of injurious falsehood.
Limitation Period
A defamation action must be commenced within one year of the date of publication (section 10AA of the Limitation of Actions Act 1974 (Qld). This limitation period is strict and short. Legal advice must be sought promptly.
Our Approach
1. Assess the Matter
We assess whether the publication is defamatory, whether the serious harm threshold is met, what defences may apply, and what the realistic remedies are — damages, retraction, removal of content, or an injunction to prevent further publication.
2. Publish a Concerns Notice
We draft and serve a concerns notice that complies with the statutory requirements and gives the publisher a genuine opportunity to make an offer to make amends — preserving the full range of remedies and cost protections available.
3. Negotiate Resolution
Many defamation matters resolve through negotiation once a properly framed concerns notice is received. EAGLEGATE pursues negotiated removal of content, corrections, and compensation where achievable without litigation.
4. Litigate Where Necessary
Where negotiation fails, EAGLEGATE commences and runs defamation proceedings in the Supreme Court of Queensland or the Federal Court of Australia. We also apply for urgent injunctions to prevent the continued publication of seriously damaging material where the balance of convenience supports relief.
Why Choose EAGLEGATE
Defamation Act Expertise
The 2021 reforms to the Defamation Act 2005 (Qld) — the serious harm threshold, concerns notice requirement, and public interest defence — require lawyers who understand the reformed regime precisely. EAGLEGATE advises on the current law, not the pre-reform position.
Online and Digital Expertise
Most defamation now occurs online. EAGLEGATE’s digital law background means we understand how online content is published, how to obtain its removal, and how to quantify the harm digital publications cause.We act for high-net-worth individuals to protect their online and offline reputations.
Speed When It Matters
Defamation damage compounds with every hour the publication remains live. EAGLEGATE moves quickly — concerns notices, urgent injunctions, and content removal requests are prepared and actioned without delay.
Brisbane, Queensland & Australia
We advise individuals and businesses across Brisbane, Queensland, and nationally on defamation matters.
Our Insights
- What is defamation?
Defamation is the publication of a false statement of fact that causes, or is likely to cause, serious harm to a person’s reputation. Under the Defamation Act 2005 (Qld), a plaintiff must establish that the matter has caused or is likely to cause serious harm to their reputation — the serious harm threshold introduced by section 10A in 2021.
- Can I sue someone for a Google review?
Yes. A false, defamatory Google review is a publication for the purposes of the Defamation Act 2005 (Qld). Before commencing proceedings, a concerns notice must be sent to the publisher (and potentially to Google). Many false Google reviews are resolved through the concerns notice process or through Google’s own review removal procedures.
- How long do I have to bring a defamation claim?
One year from the date of first publication, under section 10AA of the Limitation of Actions Act 1974 (Qld). This limitation period is short and strict. Legal advice should be sought immediately — not at the end of the limitation period.
- Can defamatory content be removed from the internet?
In some cases, yes. EAGLEGATE pursues removal of defamatory content through: negotiation with the publisher; takedown requests to platform operators (Google, Facebook, etc.) under their community standards; and court orders requiring removal. The availability of removal depends on the specific platform and the nature of the content.
- What damages are available in a defamation claim?
Under the Defamation Act 2005 (Qld), damages for defamation include compensatory damages for harm to reputation. In some cases, a court may also grant an injunction restraining further publication. Injunctions are a discretionary remedy and are not always granted, particularly before trial, where courts are reluctant to restrain publication until the matter has been determined.
- Serious Invasion of Privacy — Where Defamation Ends, Privacy Begins
Defamation and the statutory tort of serious invasion of privacy are distinct claims — and they often arise from the same publication. Where a defamatory statement is also true, truth is a complete defence to defamation. It is not a defence to a serious invasion of privacy claim. Since 10 June 2025, Australian law provides a direct cause of action where private information — medical details, intimate images, personal communications — has been published without consent, regardless of its accuracy. EAGLEGATE advises on both claims, and identifies which applies at the outset of every reputation matter. Learn more about serious invasion of privacy advice.
- Urgent Injunctions — Stopping Publication Before It Happens
The most effective defamation remedy is one that prevents publication entirely. Where false and damaging material is about to be published — a media article, a social media post, a review — an urgent injunction from the Supreme Court of Queensland can restrain publication before it occurs. EAGLEGATE applies for urgent pre-publication injunctions at short notice, including after-hours applications to duty judges where the publication window is imminent. Acting before the content goes live is always more effective than pursuing damages after it does. Learn more about urgent injunctions (Can this link to the urgent injunctions page).
- When should legal advice be obtained?
Immediately — the limitation period is one year and the damage compounds with every day the content remains live. Contact EAGLEGATE as soon as you become aware of potentially defamatory material.
General information only. Not legal advice. For advice specific to your situation, contact EAGLEGATE Lawyers.