Also, Division 10 of the Legal Profession Act 2004 (NSW) is worth a read.

[i am really confused how can a company based in china file a complaint under Australian law against someone in the uk]

Firstly, Evony LLC is a US based & registered company.

In any event, it does not stop them from filing a complaint under Australian law against someone in the UK. Whether Australia (i.e. NSW) is a forum non conveniens is up to the court to decide. The court may very well decide not to exercise their jurisdiction to hear the case on that basis.

2. crazyrabbits on 08.27.09 at 1:24 pm

[I wonder if that legal team even knows that they’re representing a man who’s already being charged with instigating click fraud.]

Whether he has or hasn’t is irrelevant to the allegations contained in their letter; the claim is brought on behalf of Evony LLC, and independant legal entity.

3. Ian Osborne on 08.27.09 at 10:51 am

[Is there an Australian equivalent of The Law Society, a regulatory body that has authority over solicitors? In the UK at least, the letters they sent could well prove grounds for complaint.]

There is, as Bruce noted. The is nothing wrong with the letter. The closest they came to crossing the proverbial line was the sentence:

“our client will rely on it as such, for the purposes of the application of the relevant provisions of the defamation act etc.”

On the face of it, it may appear that they are threatening potential legal action (which may constitute unsatisfactory professional conduct (and maybe professional misconduct, but this is even more unlikely), however, on careful review, I note that they have (and grudgingly I admire their skills in drafting): that they note they will use it for the purpose of the APPLICATION OF THE RELEVANT PROVISIONS (i.e. in interpreting the provisions) and not an APPLICATION UNDER THE RELEVANT PROVISIONS (i.e. threatened legal action).

There is nothing wrong with the letter.

I humbly agree with your conclusion regarding Dow Jones Co Inc. v Gutnick, but for a different reason – Gutnick himself was resident in Victoria, and that is why his reputation was damaged there (see paragraph 54 of the majority decision: “Finally, if the two considerations just mentioned are not thought to limit the scale of the problem confronting those who would make information available on the World Wide Web, the spectre which Dow Jones sought to conjure up in the present appeal, of a publisher forced to consider every article it publishes on the World Wide Web against the defamation laws of every country from Afghanistan to Zimbabwe is seen to be unreal when it is recalled that in all except the most unusual of cases, identifying the person about whom material is to be published will readily identify the defamation law to which that person may resort.”).

I am not a solicitor, and this is not legal advice.

On a more serious note though. I hope you nail them so hard their coffin will be crying.

” ask them to send all their correspondance to you via snail-mail, printed on high quality , luxury loo roll..as it will save you a fortune, due to the nature of lawyers generating so much paperwork”

.. but that would just be crass , wouldn’t it

wishing you all the best with this,
steve

http://74.125.47.132/search?q=cache:2FQa30lqXhgJ:www.umge.com/index.do%3FPageModule%3DPaySelect%26SID%3D2+site:www.UMGE.com&cd=1&hl=en&ct=clnk&gl=us

Google cached page from umge.com

can you please explain , if they are not an australian registered business this make no sense you can check here

http://www.abr.business.gov.au/(a3qgwh55dm4kq5jhoek50i55)/main.aspx

I hate lawyers like this.