Defamation: Imagine sending an email criticising a lawyer, then finding yourself behind bars a few months later. That's exactly what happened to a group of self-declared "sovereign citizens." The group allegedly defamed a solicitor in a flurry of emails addressed to some of the most powerful figures in Western Australia's legal system.
However, this wasn't your everyday defamation suit. What began as inflammatory claims soon escalated into a contempt of court case. In the end, it resulted in prison time and a public lesson in the limits of defiance.
Who Are the Sovereign Citizens: And What Did They Do?
Sovereign citizens are a loosely connected movement whose members reject the legitimacy of the Australian government and legal system. Many believe they can opt out of laws simply by declaring themselves independent from state authority.
In this case, Jerald Martin, Emma Hazel Martin, and Adam Sydney Brown fired off emails filled with "bizarre, irrational, scandalous" accusations against a Perth solicitor. These weren't private rants, they were sent to recipients including the Chief Justice, Attorney-General, Governor and the Legal Practice Board, among others.
The Supreme Court of Western Australia found that the emails met the threshold for defamation. They contained serious falsehoods that were intended to damage the solicitor's professional reputation and cause personal distress.
When Defamation Becomes a Criminal Problem
You might be thinking defamation usually means damages, not handcuffs, right? And you'd be right, most defamation cases are civil disputes, resolved with apologies or compensation.
However, this case veered sharply into criminal territory.
Despite a court order instructing them to cease publishing defamatory content, the Martins doubled down. They issued a fresh "statement of claim" to a dozen individuals in a group known as the Sovereign Peoples Assembly, directly flouting the earlier order.
This wasn't a technical slip, it was deliberate disobedience. The judge found their actions showed contumacious defiance, a legal term meaning willful and flagrant disregard for the court's authority.
That's not just bad behaviour, it's contempt of court, and it carries serious penalties, including imprisonment.
What does contempt of court mean in Australia?
Contempt of court in Australia refers to behaviour that shows deliberate disobedience or disrespect towards a court's authority. For example, ignoring court orders or disrupting legal proceedings.
While it is not always classified as a criminal offence under the Crimes Act, it can still lead to serious consequences like fines or imprisonment.
"Common Law Court" Claims Rejected Again
In a last-ditch effort to avoid judgment, the defendants claimed their case should be heard in a so-called "Common Law Court," arguing the mainstream legal system lacked jurisdiction over them.
Australian courts have heard these arguments before, and they don't hold water. The judge reiterated that all residents, regardless of their personal beliefs, remain subject to the laws of Australia. Courts don't entertain fictional jurisdictions or homemade legal systems.
In other words, you can't exempt yourself from legal consequences just by claiming you're not bound by them.
Defamation Case Meeds Contempt of Court
While the facts of this case are unusual, the implications are clear and relevant. In particular, if you're navigating defamation claims, civil suits or court orders. Here's what to keep in mind:
- Defamation starts as a civil matter, but ignoring court directions can make it a criminal issue.
- Contempt of court is serious. If you knowingly disobey a court order, prison is a real possibility. However, contempt of court is not always classified as a "criminal offence" in the traditional sense (under the Crimes Act), but it can result in criminal-like sanctions such as imprisonment. This distinction is subtle but important in legal circles.
- Sovereign citizen defences are not recognised in Australian law. Using these arguments will only worsen your legal standing.
- You must comply with all court orders, even if you believe they are unfair or intend to challenge them.
Defamation and Court Orders: Your Rights, Responsibilities and Risks
Legal battles can feel overwhelming, especially when reputations and livelihoods are on the line. However, as this case demonstrates, responding recklessly or dismissively can land you in far deeper trouble.
Here are some grounded, practical tips to help you stay on the right side of the law:
- Seek legal advice immediately. Don't rely on internet forums or fringe theories.
- Comply with every court directive. Even if you're appealing, non-compliance can escalate the matter.
- Think twice before going public. Broadcasting your side of the story might feel cathartic, but it can inflame the situation.
- Ask for plain-language explanations. If you're unclear about what a court order means, request that your solicitor explain it in simple terms.
These steps won't just help protect your legal position, they'll protect your peace of mind.
Standing Up for Your Rights: Without Breaking the Law
Let's face it: Sometimes the legal system can feel distant or even unjust. However, the answer isn't to deny its authority, it's to engage with it strategically and lawfully.
As the sovereign citizen case shows, the courts don't look kindly on defiance disguised as ideology. Defending your rights doesn't mean burning bridges with the system. Instead, it means understanding the rules, then using them to your advantage.
If you're involved in a defamation case, concerned about contempt, or unsure about a court order, don't try to navigate it alone.
Need a defamation lawyer in Sydney?
At O'Brien Criminal & Civil Solicitors, we support people in exactly these situations, people who feel overwhelmed or unsure of where to turn. Whether you're seeking to challenge an unfair claim or clarify your obligations, we're here to help.
You don't need to shout to be heard. You just need the right advice.
Reach out to our team for a confidential consultation, and move forward with confidence, not confusion.
Whether you're facing a damaging false claim or accused of defaming someone else, our experienced defamation lawyers can guide you through the legal process with clarity and care. At O'Brien Criminal & Civil Solicitors, we protect reputations and fight for fair outcomes, because your name matters.
Read our defamation case studies.
*Not our case.
*The above should not be considered legal advice.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.