LEGAL NOTES
by LINDA GERONIMO- SANTOS , Solicitor NSW & WA Migration Agent # 9687414 Member WIRO ( Providing legal assistance for Workers Compensation Claimant )
GERONIMO & ASSOCIATES SOLICITORS & CONVEYANCERS
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MIKE ALVAREZ , BSBA , MBA , CPA Juris Doctor ( JD ), Solicitor Mobile : 0414 806 373
32 -- THE PHILIPPINE COMMUNITY HERALD NEWSPAPER -- MAY 2021 -- 32
THE PHILIPPINE COMMUNITY HERALD NEWSPAPER INSIGHTS * ISSUES * CONCERNS
1 . Introduction Defamation law is not as simple as it sounds . It is the action of damaging the good reputation of someone ; slander or libel . Libel is the publication of defamatory matter in permanent form , while slander is the publication of defamatory matter in non-permanent form , e . g . defamatory in spoken words is usually referred to as “ slander .” Something defamatory that is printed in a newspaper or book was called libel . Both libel and slander fall under the legal umbrella of defamation . 2 . What are the components of defamation . For defamation to have occurred , somebody must have a statement that is
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DEFAMATION LAW – WHAT IS IT ALL ABOUT ? IS IT WORTH SUING FOR DEFAMATION ?
considered defamatory .
• . publication to someone other than the person being defamed ;
• of a false statement ;
• of fact ( rather than opinion );
• t h a t injures the reputation of the person being defamed (“ plaintiff ”), and
• is not privileged . You see this example in Parliament where elected officials make privileged statements . It is called ‘ Parliamentary privilege .” Parliamentary privilege is a legal immunity enjoyed by members of certain legislatures , in which legislators are granted protection against civil or criminal liability for actions done or statements made in the course of their legislative duties . We , ordinary private citizens , inside or outside the halls of Parliament , do not enjoy this privilege of legal immunity . 3 . Is it worthwhile to sue for defamation :
If you meet the criteria that you were defamed , it is worth pursuing in court . The issue becomes more critical , however , if the defendant / potential defendant who made the defamatory remarks is a person who is unable to pay compensation , even if the Plaintiff ( the person commencing the proceedings ) wins . It is pyrrhic victory because you cannot get ‘ blood out of stone .’ For one to make it worthwhile to sue for defamation , one should be confident that the exercise has merit – especially financial merit . Otherwise it is an expensive , and maybe unnecessary exercise because it is an expensive undertaking . One is looking at the average of $ 15K- $ 50K to initiate proceedings . Depending on the expertise of your legal representatives , the costs may go beyond your budget . Very good defamation specialists will be helpful in advising you on the chance of success .
If the Plaintiff ( you , the person commencing the proceedings ), loses the case , the Defendant can countersue and then the costs would keep escalating .
Defamation is a more common practice with people living in ‘ glass houses .’ Those who are prominent enough or are involved in substantial businesses that can be ruined because of defamatory statements . The defamation may lead to loss of business . In this case , the Plaintiff may have no option except to sue for defamation , as ongoing defamatory remarks can affect the Plaintiff ’ s business . For example , if one makes a defamatory remark about the quality or lack of it of a popular product , be it food , beauty product , etc ., the injury , especially financial ones will be immense . 4 . Would you advise someone to sue for defamation ?
As a practising defamation lawyer , I would be very careful to encourage / advise Mr or Mrs Joe Average to litigate unless the damage sustained is severe , and he / she has deep pockets .
Some remarks may be careless remarks , and should be taken with a grain of salt . Unless the damage or
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FILO FILM BUFF
ISRAELI FEATURES AT THE JEWISH INTERNATIONAL FILM FESTIVAL ( JIFF ) 2021
www . jiff . com . au
The Jewish International Film Festival ( JIFF ) finished its screenings Australia-wide last 18 February up to 24 March 2021 . Among the choices of this festival are the following select narrative feature films from Israel . Feel free to catch them when available on Netflix or SBS on Demand . ABU OMAR Numbed by loss and grief , this film explores the Israeli-Palestinian relationship on a more personal level through a fated encounter between two disparate individuals . Sadness and sorrow engulf this contemplative road movie , a kindred meeting between Salah , a grieving Palestinian father carrying his dead son Omar in a duffel bag and Miri , a pregnant single Israeli woman helping Salah cross the Israeli border . Despite the two opposing cultures , this film has a very moving ending , with humanity reigning amidst the tragedy . AFRICA This existentialist drama from Israeli writer-director Oren Gerner focuses on his parents Meir and Maya ’ s partly fictionalised reality-based midlife crises . This interestingly-titled first feature from Gerner refers to a recent trip his parents took in Namibia , using quick intercuts of their home-movie videos , an alluding metaphor of a time now past . Confronted by today ’ s youth , Meir challenges his age constraints , reflecting on the realities of ageing and being relevant . This slow-burn is a wallowing study on living , dissolution and mortality . ANTON This beautifully realised film is from Oscar-nominated director Georgian director Zaza Urushadze who brought to the screen the unforgettably lush TANGERINES . The film is classically set in 1919 during Trotsky ’ s repressive Bolshevik military regime . Quite historical in treatment , the film touches on the unlikely friendship between the German Catholic Anton and the Jewish Yakiv amidst the details of a turning point period in Ukraine ’ s history . With incredible cinematography and an authentic period piece look , this intricately plotted time-aged creation immerses you into the era through the innocent eyes of its leads . ASIA Israeli writer-director Ruthy Pribar ’ s debut film is quite affecting as it is detached . This moving drama won Best Picture at the Israeli Academy Awards and is Israel ’ s Best International Feature Film Oscar submission . The story revolves around a slightly estranged mother-daughter relationship fraught with busy schedules and early motherhood . Young , carefree single mother Asia moved from Russia to Jerusalem with her rebellious teenage daughter Vika . While Vika hangs at the skating park all day ,
by Rolmar Baldonado Twitter @ rolmar
Asia works long shifts as a nurse . Vika longs for physical romance , which Asia openly explores , finding time to meet men in singles bars and having an affair with a married colleague . Both are headstrong and hardly talk , but all that is about to change when Vika ’ s progressive illness worsens and Asia steps up to the role of mother to her now vulnerable daughter . This film has exceptional performances from both leads , a rousing soundtrack and entirely unsentimental yet layered with deep emotions , primarily through the end . BORN IN JERUSALEM AND STILL ALIVE This dark comedy on life and death from Yossi Atia stars himself as Ronen Matalon , who confronts his fears of terrorist attacks in his hometown of Jerusalem through a guiding tour of terror attack sites . This terror tour starts at the infamous Jaffa Road , where tourists are shown bombing sites and the number of overwhelming deaths during the 90s and 2000s . It is his way of overcoming the trauma from the absurd fatalism of existence in his part of the world . Along the way , he meets Asia , who used to live in Jerusalem and a traumahealing relationship blossoms . This painfully beguiling debut examines the fears of mortal uncertainty we face as we nervously laugh them away . ESAU This modern retelling of Esau and Jacob ’ s story from the Bible ’ s chapter of Genesis is from Cannes winner Pavel Lungin . It features an all-celebrity cast including Harvey Keitel , Lior Ashkenazi , Mark Ivanir , Shira Haas , and Israeli grand dame of theatre Gila Almagor . This opulent epic is an adaptation of the novel ESAU from Israeli writer Meir Shalev and spans generations of a family of bakers from
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