THE AUSTRALIAN REAL ESTATE BLOG
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Threat To Sue The Australian Real Estate Blog
In our posting of 19 October, 2005 titled “Best Practice? Not Really”, we blew the whistle on Melbourne conveyancer Goodman Group, and what it describes as its “Solicitor Retained” service. We have now received a letter from law firm James Karavias & Co Barristers & Solicitors, threatening legal action unless our posting is removed.
The letter from James Karavias & Co states,
“Should you fail to provide the relief sought in this letter in relation to the removal of the article(s), written undertaking and written apologies within 48 hours of receipt of this letter our instructions are to issue proceedings seeking injunctive relief…”
The clock started ticking yesterday, 25 October, 2005 at 2.33 p.m.
The letter from James Karavias & Co starts off with the statement, “We advise that we act on behalf of Goodman Group Pty Ltd…” This statement is, in itself, of particular significance; but more on this in future blog postings.
James Karavias goes on to say,
“Our client now demands that you immediately have the article(s) removed from The Australian Real Estate Blog website, further that a retraction is published, the wording of which is to be approved by our office, you are to provide a written undertaking that you will not repeat the statements and a written apology be provided to both our client and its Managing Director Mr. Scott Goodman.”
And,
“Our client will also be seeking damages from you and costs in relation to the libellous content of your articles. Should you fail to provide the relief sought in this letter in relation to the removal of the article(s), written undertaking and written apologies within 48 hours of receipt of this letter our instructions are to issue proceedings seeking injunctive relief and produce this letter on the question of costs, which will be sought on an indemnity basis.”
We have sought clarification from James Karavias & Co as to what part of our posting constitutes “libellous content”. We have also confirmed that Goodman Group was emailed a copy of the posting on the day it went live (19 October, 2005) and asked to comment on the blog, on the basis that any comments made would not be edited by us, and that we received no response.
Now, the fact that Goodman Group made no response, combined with the late complaint from James Karavias & Co (25 October, 2005), makes us wonder about the relationship between James Karavias & Co and Goodman Group.
We have asked James Karavias & Co to either confirm or deny that they are in fact the “Solicitor Retained” by Goodman Group as part of its “Solicitor Retained” service, as further issues may arise from such a relationship.
We will post their response in due course.
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