Defamation

[Peter R]

No! not against yous blokes - I would never dream of it.

A small club here in this town (130 members) has posted the minutes of the last AGM. In these minutes there is mention of a member and an allegation of defamation.

The minutes read something like this: (member) raised a question that he said was of urgent and serious content, he then defamed two unnamed committee persons.

There is no mention of what the defamation is, and nor could there be. I was at that AGM and the member did not say anything defamatory against anyone. He was pointing out an abuse of the constitution.

The meeting contained a heated exchange between the member and the then Secretary, but the then sec. became the new president and had that accusation of defamation entered into the minutes.

These minutes are on constant display in a public place and the member is well known in the town.

Q. Is it possible to legally defame an unnamed person.

Q In displaying this accusation with the members name, is it libel.

Q What should the member do, he cannot afford a legal challenge.

Q. What would appropriate wording be for a letter to a hostile committee for this member. They cannot expel him from the club because all he did was speak his peace at the AGM, his right as a member.

Go for it lads

Peter R.

[ozwinner]

Just offer them pancakes, and it will all settle down.
Sounds like a serious case of pancake withdrawl symptoms to me!!

Al

PS you aint getting away without a reference to pancakes.

[Grunt]

It could be a shortage of flapjacks too.

[Sturdee]

Peter,

The pursuit of great pancakes and flapjacks as our learned members have pointed out would be better than worrying about small-minded people on committees in small towns.

However I presume this is important to you, btw are you the person concerned, so here are some general observations.

The pointing out of abuses of the constitution and, as you said, the heated exchange of words that followed could well have been defamatory and the minute writer may well be correct. Without a transcript of the proceedings it will be very hard to prove contrary.

The other aspect of this is the way it is described in the minutes. Generally the responsibility for the accuracy of the draft minutes rest with the minute writer until either the clubs committee ratifies them (if the constitution allows this) or the subsequent meeting of the club. If the committee has ratified them they become the minutes of the meeting and the problem is with the club as a whole or they remain draft minutes. The publishing of the minutes or draft minutes outside the club is again a question of the constitution. Does it allow it or not or does it have to be ratified first by the members.

Before doing anything these matters should be considered and legal advice sought. Even if the legal advice is in your favour you should seriously consider doing nothing about it as it will cost you money without any guarantee of recovering it and you live in a small town where everybody will talk about it until the cows come home. You may well win but lose money and have a reputation for being the b*****d that ruined the club. :eek: :eek:


Thus my advice is offer them pancakes and forget about it.


Peter.

[bitingmidge]

Try Caramel Eclairs, those sticky toffee lollies with the streak of chocolate in the middle.

Chances are that most are of an age where the toffee will stick their plates together for a good half hour, and there will be a period of blissful silence, interrupted by only the occasional gurgly hissy sound as a top plate comes a bit loose mid suck.

P

[Rocker]

Furgetabartit. It will all be the same in 100 years.

Concentrate on the lady in Canada

Rocker

[Peter R]

Furgetabartit. It will all be the same in 100 years.

Concentrate on the lady in Canada

Rocker

You are all correct, of course, except the pancake eaters. Alcake must dream of nothing else - Hey! Al there is more to life you know? I know another lady in Canada or even a bloke if you like.

To answer a question: No it wasn't me. As you all know I am not confrontational, am I? Seriously it wasn't me...Aw! Come on fellas!!!!!

I am off to Ontario tonight, via the net, so by morning I will have forgotten all about it...about what?

Peter R

[ozwinner]

Hey! Al there is more to life you know?
Peter R

If theres more to life, how come all you do is sook and whinge about life then?? :confused: :confused: :confused:

Mate all the sooking and whingeing you do on this BB, you wouldnt find time to eat a pancake!!

Al :confused:

[Peter R]

If theres more to life, how come all you do is sook and whinge about life then?? :confused: :confused: :confused:

Mate all the sooking and whingeing you do on this BB, you wouldnt find time to eat a pancake!!

Al

Nasty, nasty Man...But you're cute. Hijacked, an' all.

I just did a quick bit of researching to see if I could find the reason for Al's outburst; By George, I think I've got it.

In the last 4 weeks Al has had 3 posts 2 had zero replies and one had 28, now folks the one with the 28 was very, very much a whinge and a sook, telling us what he likes and doesn't like. Hmmmmm!

Happy New Year AL and all you other scumbags to coin an Al phrase.


Peter R.

[bitingmidge]

Careful Peter!!!

Zeddy doesn't like blokes calling other blokes cute!!

(Where is the ape-man? I don't remember him asking if he could leave??)



P

[Robert WA]

Here is a reasonable summary of the principles of defamation. It is a general summary, not a statement of the law that applies to the situation you describe.

http://www.artslaw.com.au/reference/infodefamation/

The law varies from State to State, despite the efforts of various bodies to have it unified across the country.

Slander is spoken (transient) defamation. Libel is written (more permanent) defamation.

Generally the only people who make lots of money from defamation actions are the lawyers.

Cheers
Rob

[Iain]

Sounds like any club, once on a committee you need to invest in a kevlar vest, every bastard is out to get you but no one will step into the breech.
Had my fill and haven't been on a committee for over ten years now, and loving it.
If you offer them chocolate eclairs, use laxettes for the outer coating then you will have the satifaction of giving them what they have given you

[Daddles]

Club politics Peter - live with it until you find yourself putting posts on woodworking bulletin boards and then walk away. The club isn't worth it. **** like this is the precursor to the end or at least an unhappy time. :mad:

On the other hand, laxettes in the pancakes would certainly go a long way towards evening out the flow.

Richard

[Wood Borer]

Sturdee raised and important point.

Generally it is up to the minute taker to ensure the minutes truly reflect the discussion at the meeting. It is not up to the minute taker to interpret whether those words were nonsense, important, lovely or defamatory.

You have misunderstood Al.

[bitingmidge]

Generally it is up to the minute taker to ensure the minutes truly reflect the discussion at the meeting. It is not up to the minute taker to interpret whether those words were nonsense, important, lovely or defamatory.

Well you blokes don't want to elect me as your secretary then!!!


P