I am currently preparing an advice for a client in relation to a defamation claim. You will find attached to this memo the excerpts from the Brisbane Telegraph (Annexure A) and Radio show on 4UB (Annexure B). Ms X, who has been the subject of media reports in the Newspaper and on the radio last week, is our client, Chelsea Braghurst. I have spoken to Chelsea and she wishes to sue both parties for defamation. Chelsea also wishes to sue the Radio station for defamation on behalf of her first husband (as his personal representative), Ivan Braghurst. My detailed file note from my first interview with our client on 13th of April 2015 is marked as Annexure C. Please also note that, I have already been in touch with the potential defendants and they have emailed me their statements (Annexures D & E).
Please provide me with a legal memorandum (opinion) in the form of an internal memo setting out whether Chelsea will be successful in establishing an action for defamation against the Brisbane Telegraph and 4UB. Your opinion calls for the examination of all the information found in this memo including the Annexures.
In preparing the memorandum you must:
- identify and analyse the imputations made by the newspaper as part of your memorandum
- consider that Chelsea does not want to sue for the comments made about her arrest for intoxication and drug possession because these are true
- consider that the only imputations made by Barry and pleaded by Chelsea against 4UB are that:
- Chelsea Braghurst is an adulterer; &
- Chelsea Braghurst drove her first husband to commit suicide
- assume that both organisations are vicariously liable for statements allegedly published
- apply the Queensland Defamation legislation as Chelsea wishes to take action only in Queensland
- consider only the defences applicable under the Queensland Defamation legislation
I want the memorandum on my desk first thing tomorrow. Be sure to include possible remedies we may be able to secure for our client. No need to do any monetary calculations.
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