Concerns Notices, Acting Quickly Matters
Since the 2021 amendments to the Defamation Act 2005 (Qld), a concerns notice is the mandatory first step before any defamation proceedings can be commenced. This creates a critical pre-litigation window, both for claimants pursuing a resolution and for defendants assessing their options.
At Bell & Senior Lawyers, we advise on both sides of concerns notices and use this window to achieve practical outcomes wherever possible.
If You Have Received a Concerns Notice
You have 28 days from receipt to respond. Our process:
- Rapid Assessment: We review the alleged defamatory publication and assess whether the claim has legal merit.
- Defences Advice: We identify whether you have a complete defence, truth, honest opinion, public interest, or qualified privilege, and advise on the strength of each.
- Response Drafting: We prepare a legally compliant response, either making an offer to make amends (which is a complete defence if the offer is reasonable and rejected) or disputing the claim.
- Negotiation: We engage with the claimant’s lawyers to explore removal, correction, or settlement, avoiding expensive court proceedings where possible.
If You Need to Send a Concerns Notice
A properly framed concerns notice is the first step in recovering your reputation. We:
- Draft a concerns notice that complies with the Defamation Act 2005 (Qld) amendment requirements
- Specify the defamatory imputations clearly and in a form that preserves your litigation position
- Advise on what form of remedy to seek (removal, correction, apology, compensation, or all four)
- Follow up promptly if no offer to make amends is received within 28 days
Workplace & Professional Defamation
Defamatory workplace communications, including false references, internal reports, and communications to licensing bodies, often involve concerns notices and privilege questions. We advise on the full range of workplace defamation scenarios.