Defamation

We know Defamation

The Human Element In Restoring Your Reputation After Publication

In recent times and most definitely since the impact of Coronavirus (COVID-19), Salerno Law has identified an increase in matters regarding defamation and social media. The influx of social media platforms and the way in which we advise clients concerning oral and written statements has significantly changed given the evolving developments across the wider use of the Internet.​

A development of note is the concern around the rise of social media and the re-publication, sharing and/or retweeting of defamatory material, commonly known as the grapevine effect. Unfortunately whilst living in an era where the Internet can be advantageous to most, the potential ongoing publication of defamatory material means damage to one’s reputation can be exacerbated within seconds.

Constructive, Efficient, and Effective Dispute Resolution

The majority of the time, defamation disputes are resolved by the delivery of Concerns Notice for the purposes of making an offer to make amends pursuant to the Defamation Act 2005. We caution clients as to the seriousness of defamation and should you commence a claim, you have twelve (12) months from the date of the publication(s) was/were made to institute court proceedings. Should you fail to do so, you may be statutorily barred from obtaining any consideration before the court due to the expiration of that time period.

We Have Professionals Who Closely Follow Changes In The Law

We can assist with both pursuing defamation actions and a range of defences provided for in the Defamation Act including:

Our defamation lawyers keep themselves updated with changes in the law, including the 1 July reforms of the Defamation Act as well as recent High Court cases which explored the use of social media in the publication or spread of potentially defamatory imputations or material. Should you be served with or wish to issue a Concerns Notice or defamation claim, we recommend that you immediately seek legal advice in protecting your interests.

Litigation and dispute resolution

Litigation within the agribusiness sector refers to legal disputes and court actions that arise in connection with agricultural operations. These cases often require in-depth understanding of both the legal system and the unique regulatory landscape of agriculture. Our firm has extensive experience with the full gamut of legal disputes such as:

The key areas that we can assist with include:

  • Contractual Issues: Disagreements often arise from contracts involving supply chains, land leases, share farming, agistment arrangements, partnerships, joint ventures, and various other commercial agreements typical in the agricultural industry.
  • Land Access and Compensation: Conflicts may occur over access to land for activities like mining, gas exploration, or infrastructure development, often involving compensation claims for landowners.
  • Workplace Disputes: Litigation may stem from matters such as wrongful termination, employment agreement breaches, or occupational health and safety concerns on farms or in agribusiness operations.
  • Environmental and Biosecurity: Disputes may be triggered by non-compliance with environmental regulations, pollution events, water contamination, animal and plant health including pest and disease control measures or debates surrounding water usage and rights.
  • Intellectual Property Rights: Conflicts might arise over ownership or use of agricultural intellectual property such as plant variety rights, trademarks, and other proprietary innovations.
  • Farm Succession and Inheritance: Disputes over the division of farming assets, family trusts, or the interpretation of wills often lead to litigation in the context of generational farm transfers.

Rural property acquisitions and sales

The purchase or sale of rural land involves a broad spectrum of legal considerations that require careful attention. Key issues often include legal access to the property, the existence of easements, water rights and entitlements, land zoning regulations, potential land contamination, and the impact of native title, mining interests, and cultural heritage protections. It is also essential to assess the tax implications of the transaction, particularly in relation to Goods and Services Tax (GST) and Capital Gains Tax (CGT).

Salerno Law has extensive experience navigating the complexities of rural property matters at local, national, and international levels. We provide comprehensive support throughout the entire transaction process—from initial due diligence and review of contractual documentation to stakeholder engagement and final settlement. Our goal is to ensure that every legal aspect is addressed thoroughly and efficiently, safeguarding your interests every step of the way.

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Acquisition and leveraged finance

Opportunities in a tightening market

Borrowers and lenders face increasing pressure as leveraged finance markets tighten in the face of higher interest rates, inflation and geopolitical uncertainty. To explore new opportunities at the outset of any deal, market participants require the support of experienced, detail-oriented advisers who understand the competitive and potentially complex nature of this sector.

Expert advisers with an innovative approach

Ashurst’s global leveraged finance team advises major financial institutions, private equity houses, alternative asset managers, mezzanine financiers and corporations. Leveraged finance is a core area of expertise for Ashurst. Our team has institutional knowledge across sponsors, credit funds and banks, which means we can streamline the process for you. We have experience in the full range of leveraged.