| CLIENT NAME: {Name (First):3.3} {Name (Last):3.6} |
DATE: 25/02/2021 |
| By Email: {Email:6} |
REF: {entry_id} |
| Perpetrator: {Perpetrator Company Name:13}{Perpetrator Name:19} |
|
Dear Sir/Madam,
Re. Cease and Desist – Defamation, harassment and bullying of: {Name (First):3.3} {Name (Last):3.6}
We refer to the above and confirm that we act for our client (Above)
Our client has become aware of your persistent actions including but may not limited to Facebook, Instagram, Twitter and other social media activity bullying, trolling, spreading false information and defaming our client on multiple occasions.
OUR CLIENT’S CLAIM
1. Our client has evidence to prove that you have made serious, untrue and highly defamatory and hurtful comments towards our client, some of which contain malicious falsehood. In doing so, defamatory comments are being communicated to third parties, posing a serious threat to the reputation of our client.
2. These comments damage the reputation of our client in a professional and/or personal capacity, which our client takes very seriously.
3. The defamatory and hurtful matters of your comments mean that:
a) they have injured the reputation of our client; and
b) b) they contain comments about our client which would tend to make our client be shunned or avoided by others;
c) they contained a tendency to lower our client in the estimation of others; and
d) they are very hurtful and our client considers your actions bullying, intimidating and harassing.
4. Accordingly, all words, actions and conduct by you damaging the reputation of our client and which have been communicated to third parties have an increased level of damage to our client’s reputation and personal and/or professional capacity.
LEGAL PROCEEDINGS
5.In order to protect our Client’s interests we are considering proceedings pursuant to the Defamation Act 2005 (”the Act“) against you. These proceedings would seek remedies including but not limited to the following:
a) damages pursuant to s 35 of the Act;
b) aggravated compensatory damages
c) special damages and injury to health
d) loss of future earnings
e) an injunction to restrain you from publishing the same or similar statements in the future; and
f) any and all allowable costs
6. Furthermore, our client may seek to report your conduct which may amount to your criminal prosecution, such as causing menace, harassment and intimidation.
ACTION REQUIRED
7. We request that you immediately:
a) cease from communicating any defamatory and hurtful comments to prevent harm to our client’s professional and/or personal reputation;
b) delete all comments and posts you have made pertaining to our client.
c) undertake to no longer act in a manner or conduct either directly or indirectly that may
constitute defamation or derogatory comments to our client.
If the defamatory and hurtful comments are not ceased and the above undertakings are not complied with within seven (7) days of this letter we shall revert to our client with a view to recommending that they commence taking steps towards legal proceedings.
In the event that any legal proceedings are commenced against you, we will seek to rely upon this letter as to any issue of costs.
Should you wish to discuss the contents of this letter or it’s enclosures please do not hesitate to contact our office.
Yours Faithfully
Andrew Stewart
CyberlegalTM
If you are struggling with Mental Health Issues Cyberlegal™ recommends that you contact the following accredited Health Specialists :
Lifeline 13 11 14 www.lifeline.org.au
Headspace 1800 650 890 www.headspace.org.au
Youth Beyond Blue 1300 224 636 www.beyondblue.org.au
Black Dog Institute 1800 0209 080 www.blackdoginstitute.org.au
Relationships Australia 1300 364 277 www.relationships.org.au
