Hi there. The exact nature of your question is not clear. For this reason, the information below is of a general nature only.

Defamation

The law gives a person whose reputation has been wrongfully attacked the right to take legal action against those responsible for the attack. To make a claim for defamation, you need to satisfy three things:

(1) The defamatory material must be published. This includes print, online and broadcasts.

(2) The material must identify the person who has been allegedly defamed. It is not necessary for the person to be directly identified. Defamation may still exist if a reasonable person reading the publication understands it as referring to the relevant person.

(3) The material must be ‘defamatory’ in nature. This means it must convey meaning about a person that lowers their reputation in the eyes of reasonable members of the community, or causes the person to be ridiculed, avoided or despised by members of the general public.

You will have a claim for defamation if you can prove each of these three things. You should also be aware that the person who made the defamatory comments may not be liable for defamation if they have a recognised defence (e.g. the defamatory material is true or is a fair comment on a matter of public interest).

Unincorporated associations

An unincorporated association is a type of organisational structure typically used by community groups and charities. Unlike an incorporated structure (such as a company), an unincorporated association is not a separate legal entity from its members. This means it cannot enter into contracts or hold assets in its own name. While the association’s property may be thought of as the members’ collective property, it is more likely owned by one or more of the organisation’s committee members in their personal capacity. The true owner of the property will generally have the right to deal with the property as they wish.

Suggested way forward

Your situation raises important legal issues. You would benefit from speaking to a lawyer who can help you understand your legal rights and advise you of the best course of action. By pressing the “Consult a Lawyer” button, LawAdvisor can help you search for experienced lawyers and obtain fee proposals for their services. Costs for legal advice and representation will vary between providers based on experience and the scope of services.