By Regina Featherstone -
Snapshot
- Defamation and other retaliatory claims are being weaponised to silence women who report sexual harassment or coercive control.
- Recent reforms extend absolute privilege to police reports in several jurisdictions but gaps remain, prompting calls for broader defamation reform, anti‑SLAPP laws and clearer ethical guidance for solicitors to curb abusive litigation tactics.
- The recent case of Magar v Khan shows how arguments of victimisation under the Sex Discrimination Act 1984 (Cth) can combat retaliatory claims.
In 2022, Queensland woman, Siobhan Lamb, was bankrupted after reporting the concerning behaviour of her former partner, Sheldon Sherman, to police. After she ended their relationship, his excessive texts, threats to her university education and unsolicited contact with her family caused her distress. Ms Lamb did what she thought was right by reporting this conduct. She could not have been prepared for what unfolded. In Sherman v Lamb [2022] QDC 215, Sherman sued Lamb for defaming him with imputations contained in the police report and by disclosing the contents of that report to his ex-wife’s lawyers.
In the first instance, Sherman won. Jarro DCJ found Ms Lamb injured his reputation with no defences available. This bankrupted Ms Lamb, who was forced to pay not only the $10,000 in damages awarded, but also—as the losing party—Sherman’s enormous legal costs.
