Not that I have seen but I know that she has been talking to people through Facebook and I could approach those people and ask them to help by showing me what she has written to them but given what she has probably said it is unlikely that they would help, certainly if I was in their position I would probably refuse.
The house is mortgaged and because of some other reason the backers of the mortgage, a trust, will need me to do a yearly inspection of the property if she stays there. So there would be one month notice and essentially I would be their representative for any maintenance work. Now they are making it an issue as if there is some danger to her by me doing this and have written this into their offers. I have told them that I find this offensive and defamatory which I do. This is still part of their offer in the ancillary relief proceedings and is without prejudice but would this count if they keep repeating it given I was not arrested, cautioned and there was no physical evidence or witnesses to this alleged violence or rape.
Actually I feel that I am the victim of a dangerous bully but that is just my opinion.
So to be clear then the legal documents containing the malicious allegations would not be relevant because they have already been presented in court.
1. If these statements are repeated outside of court verbally and I can get that person whoever they were repeated to to make a statement that would be defamatory and would be slander ?
2. If these statements are written down say in the form of an email or a Facebook instant message and I can get hold of a copy of the email or message with the recipients permission that is also defamatory and would be libel ?
When I start the case is it like other court cases where you submit the form with a payment, serve notice on the other side and then a hearing date is booked. If so which form is it that I need to use.