THE LAW:
A Brisbane lawyer regarded as the nation’s top practitioner in the field of defamation has explained the reasons behind her reputation by pointing to yesterday’s Federal Court decision dismissing an action taken by former SAS officer Ben Roberts-Smith against Nine Entertainment publications.
Specialist defamation barrister Kay C Casey KC (pictured) said she had always experienced a strong demand for her services since establishing her Brisbane practice 25 years ago.
“I’ve literally had solicitors queued up outside the door to my chambers with briefs from their clients for possible defamation actions,” Ms Casey said.
“When the Roberts-Smith action began, as always happens with high-profile cases, that queue actually grew longer.
“But I freely admit that my reputation as a specialist defamation barrister is linked to the outcome of that case.
“You see in the past 25 years whenever anyone comes to my office seeking to sue someone for defamation I have always given them the same advice – don’t.
“That’s it. I hand over to them a one-word opinion saying just that – don’t. Sometimes it’s two words – don’t sue.
“It’s all typed up and everything. In an envelope too. I don’t scrimp on that.
“On rare occasions when a client is still very eager to settle a score I’ll give them a second opinion and stretch it to four words – are you fucking mad?”
When asked by The Bug how many court appearances she had made in defamation actions over the past 25 years, Ms Casey was blunt.
“None. Not one. I’ve never ever appeared in any court anywhere for any client in any defamation action ever in my quarter-century at the bar,” she said.
“Are you fucking mad too? Why the fuck would anyone in their right mind roll the dice on a defamation action when the risk and likely costs are so astronomical?
“Of course even though I have a 100% success rate in having clients drop their defamation actions, I still hit them for my $22,000 daily fee for advice,” she said.
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