That was quick. Here’s the letter from Incub’s lawyer threatening to sue me for defamation because of my truthful account of my written exchange with Incsub CEO James Farmer. Of course everything I wrote is either fact supported by evidence, or opinion that does not pretend to be fact. Truth is an absolute defence against defamation and, therefore, I have not committed defamation. So I replied to the lawyer and told him to ‘fuck off’. That’s a direct quote.
Brian Ward indolentdandy.net
Dear Mr Ward,
Re: Incsub and Farmer -and- Ward and indolentdandy.net
We refer to the above matter.
We act for Mr James Farmer and for Incsub, along with its related entities.
Date: 04 September 2013
File No:NVC:100339 Your Ref:
Our clients are aware of material that you have published on the domain http://indolentdandy.net. The publication appears on the page at http://indolentdandy.net/fitzroyalty/2013/09/04/incsub-breaches- australian-employment-law/ (the “First Publication”). The registrant of the domain is indolentdandy.net, and the administrative and technical contact of the domain is Mr Brian Ward. The First Publication not only inaccurately reflects the communications between yourself and Mr Farmer, but gives rise to imputations that are defamatory to our clients.
The First Publication has also been republished by you via the Twitter account ‘Brian Ward@indolentdandy’ (https://twitter.com/indolentdandy) by way of links to the First Publication. Additional separate material that gives rise to imputations that are defamatory to our clients has also been published on the Twitter account (the “Subsequent Publications”).
The defamatory imputations included within the First Publication and / or Subsequent Publications include but are not in any way limited to the following (the “Defamatory Imputations”):
- Our clients have breached Australian employment law and are wilfully negligent about their obligations.
- Mr Farmer is fundamentally untrustworthy.
- Our clients manipulate and exploit employees.
- Our clients are unethical.
- Our clients mistreat employees.
- Our clients enter into unethical contracts.
Our clients require that by 8:00pm this evening you:
- Remove the First Publication from the http://indolentdandy.net site;
- Delete each and every post or tweet which is capable of being deleted by you from the Twitter account at https://twitter.com/indolentdandy which links to the First Publication or which otherwise includes any Defamatory Imputations;
- Delete each and every other post or page which is capable of being deleted by you from any other website which links to the First Publication or which otherwise includes any Defamatory Imputations;
- Confirm in writing that you have attended to those matters required by the preceding numbered paragraphs; and
- Confirm in writing that you will cease and desist from any further publications which contain any Defamatory Imputations.
Please note that if we do not receive a satisfactory reply within the stipulated timeframe we will seek instructions to commence legal proceedings without further notice. Any such proceedings will claim damages for defamation, and include proceedings to compel the removal of the First Publication and Subsequent Publications and to restrain you from the publication of further material containing the Defamatory Imputations. Our clients also reserve their right to rely upon this correspondence on the question of costs of any legal proceedings that may be commenced if you do not comply with the requirements set out in this letter. Our clients in any event reserve all of their rights with respect to the First Publication and the Subsequent Publications.
If you do not consider the material that you have published is defamatory we suggest that you nonetheless remove all offending material at this stage, and that you seek independent legal advice before you consider republishing any such material.
We look forward to receipt of your reply. Yours faithfully
CBL Business Lawyers
m:0403 376 672 p:03 9098 8668 e:email@example.com