30 September, 2005
Mr Lindsay Tuffin
We advise we act on instructions from The Examiner Newspaper Pty Ltd who is the publisher of “The Examiner” and Mr Dean Southwell its editor.
For some time now on the internet you have published of and concerning our clients certain material relating to a dispute between “The Examiner” and a former employee Mr Wes Young. The publication appears on your website at www.oldtt.pixelkey.biz This has been published in all states of Australia and world wide.
Many of the allegations made about our clients are false and without foundation.
The publication of the material on the internet has the potential to seriously damage our clients’ professional reputation and business reputation. They have had to endure unjustified criticism and comment because of the publication.
We have advised our clients that the published material and the imputations are defamatory of it, its editor and editorial management personnel and may well constitute a contempt as there are proceedings before the Australian Industrial Commission. Many of the issues raised in the publication will be subject to determination by the Australian Industrial Commission.
Furthermore, the current publication on the internet site continues to be defamatory of them. Please remove the publication forthwith.
You are on notice that should our clients institute proceedings against you damages will include compensatory damages, aggravated and exemplary damages due to the circumstances under which the material has been published.
Please note our clients are considering their legal position and we write requesting you delete the current publication on the internet site and desist from making any further allegations about our clients.
DOUGLAS & COLLINS
GRAEME L. JONES