DEFAMATION MATTERS
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From: institute43-1@bigpond.com <institute43-1@bigpond.com>
>>>>>>>>>>>>
Ratepayers need to know that IF a delinquent Councillor has a Code of Conduct brought on then that will cost ratepayer a lot of money, reportedly something in the order of $40K AND IF the Councillor engages a lawyer the CEO may confidentially pay the Councillors costs under SECTON 62/2 of the Act. So, the system is loaded against the ratepayers. Councillors, especially mayors, are not required to bear the cost of their isdemeanours . IF ratepayers were to complain to the DIRECTOR OF LOCAL GOVT. as likely as not they would referred to the OMBUDSMAN who is under resourced, AND IF there is an outcome that is as likely to take years. So little wonder that Mayors, without a disability , park their cars wherever they like for as long as they like!! Little wonder that they are unlikely to have to pay a fine for an infringement or for any other reason. Clearly Local Govt. is broken and that the status quo ensures that all the players are on ”nice little earners” and that there is no incentive to change anything soon .
HOW LONG CAN THIS GO ON!!??
OUTRAGED RATEPAYERS!
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Concerns Notice. Defamation Act 2005 (Tasmania)
To: Mr Ray Norman
From: Mayor Matthew Garwood, City of Launceston
Dear Mr Norman,
This Concerns Notice is issued under section 12A of the Defamation Act 2005 (Tas).
Your publication and distribution of defamatory material through your “Institute 43-1” newsletter in which you added my image, name, mayoral title, and contact number to an unrelated Facebook post. This constitutes a serious breach of the Defamation Act 2005 (Tas).
Defamatory Imputations Identified
Your actions conveyed to ordinary readers that:
• I engaged in misconduct and hypocrisy,
• I breached the Councillor Code of Conduct,
• I misused a disability parking space without entitlement, and
• I am unfit to hold the office of Mayor.
These imputations are false, unsubstantiated, and damaging to my reputation and ability to perform public duties.
By deliberately attaching my photograph, contact details, and title to unrelated material, you acted recklessly and maliciously.
Statutory Breaches and Exposure
Under the Defamation Act 2005 (Tas):
• You have published a defamatory matter (s 10).
• You have failed to make reasonable checks before publication.
• You have refused to offer correction or apology despite prior notices (s 14 Aggravated Damages now in play).
The maximum cap for non-economic loss in defamation cases (as indexed for 2025) exceeds $480,000.
When aggravated damages are considered, as they will be here, given your malice and failure to retract, damages are uncapped.
On top of that, you would be liable for my full legal costs, which in Tasmanian defamation proceedings frequently range from $80,000 to $150,000.
Put simply, continuing this course could see you exposed to financial liability well north of half a million dollars.
Remedies Sought.
To avoid litigation, I require that within 14 days you:
1. Remove all defamatory material from circulation permanently.
2. Publish a full written and public apology to the same distribution list as your original publication.
3. Provide a written undertaking not to publish similar material in the future.
4. Pay the sum of $35,000 (thirty-five thousand dollars) in compensation as a proportionate settlement reflecting reputational damage, psychosocial harm, and the seriousness of your conduct.
Notice of Escalation.
If you fail to comply, I will commence proceedings in the Supreme Court of Tasmania without further notice. My claim will include aggravated damages, injunctive relief, and recovery of all legal costs.
You have already been given opportunities to resolve this matter. Your refusal to retract and apologise strengthens the case against you and will be relied upon in seeking aggravated damages.
I urge you to seek legal advice immediately. The consequences of ignoring this notice will be severe and financially ruinous.
Govern yourself accordingly.
Sincerely,
Matthew Garwood
Mayor of Launceston
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Final Notice. Failure to Respond to Defamation Notice & Cease and Desist Demand
Mr Norman,
On July 28, 9.46pm, I issued you with a formal Defamation Notice and Cease and Desist Demand regarding the malicious and false material you published via your email newsletter. This correspondence clearly set out the false allegations made, the defamatory imputations, and the demands required of you to rectify the situation.
To date, you have failed to respond, take any steps to remove the offending content, or provide the written and public apology requested. This silence demonstrates a continued disregard for both the truth and the serious legal implications of your actions.
Let me be clear, your conduct is causing ongoing psychosocial harm, reputational damage, inciting harassment, and undermining my ability to carry out my duties as Mayor. You have now had ample time to address the matter in good faith. The continued presence of your defamatory publication is further compounding the damage and will be relied upon as evidence of malice should this proceed to court.
You are hereby given a final opportunity to comply with the following within 24 hours of receipt of this letter:
1. Immediate and permanent removal of all and any defamatory and associated content from all platforms.
2. A written and public apology acknowledging the falsehoods and the damage caused.
3. A written undertaking that no similar defamatory material will be published in the future.
If you fail to take these steps by the deadline above, I will instruct my legal representatives to commence proceedings without further notice to you. This will include claims for aggravated damages, injunctive relief, and the recovery of all legal costs.
You have been given every reasonable opportunity to resolve this matter amicably. Your refusal to do so will leave me with no choice but to pursue all available legal remedies to protect my name, my role, and my reputation.
Govern yourself accordingly.
Sincerely,
Matthew Garwood
Mayor of Launceston
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