One review. One star. “Scammers. Took my money and did nothing. Rude, dishonest, avoid.” Written by someone who has never been a customer, or by someone who was and is now lying about what happened. Maybe it’s a competitor. Maybe it’s a former employee. Maybe it’s a customer you refused to refund because they were wrong. It’s the first thing people see when they search your name, and your enquiries have dropped off a cliff.
You flagged it. Google said it “doesn’t violate our policies”. You replied politely. It made it worse. You are now doing what every small business owner in this position does, which is refreshing the page and getting angrier. There’s a better use of the next hour.
Your rights
- Defamation. A Google review is a publication, and a business with fewer than 10 employees (or an individual trading under their own name) can sue for defamation under the uniform Defamation Act 2005. A false review that imputes dishonesty, incompetence or illegality is defamatory. Serious harm (s 10A) for a business means serious financial loss, and a drop in enquiries after the review went up is exactly that.
- Concerns notice (s 12A). Mandatory before proceedings in New South Wales, Victoria, Queensland, South Australia, Tasmania, the Australian Capital Territory and the Northern Territory. It identifies the review, sets out the imputations, particularises the harm, and starts a 28-day window for the reviewer to make amends (s 14). Western Australia keeps the older rules, but a concerns notice is still the usual first step.
- Australian Consumer Law. Where the reviewer is a competitor, a competitor’s employee, or anyone acting in trade or commerce, a false review is misleading or deceptive conduct (s 18) and a false representation about services (s 29) under Schedule 2 of the Competition and Consumer Act 2010. The ACCC has prosecuted fake-review conduct. This claim doesn’t need the “serious harm” threshold.
- Injurious falsehood. False statements made maliciously that cause actual financial loss. Available to businesses of any size, including those too large to sue in defamation.
- Corporations over 10 employees can’t sue in defamation, but their directors and owners can where the review targets them personally (“the owner is a thief”), and the ACL and injurious falsehood routes remain open.
The consequences a reviewer faces if they ignore a valid notice: District or Supreme Court defamation proceedings with damages (aggravated where they refused to retract), an injunction ordering removal, ACL proceedings, and costs. Google itself has removed reviews on production of a court order, and will often act on a properly framed legal request once a notice has been served.
What to do right now
- Preserve the review. Screenshot it with the date, star rating, reviewer name and profile. Copy the review URL (share link). Note your rating before and after.
- Identify the reviewer. Check your CRM, booking system, invoices and email for the name. If there’s no record, that’s evidence the review is fake. If there is a record, pull the file: what they bought, what happened, what they were told. Check whether the same Google account has reviewed your competitors five stars.
- List the false statements and what they impute. “Took my money and did nothing” imputes you defrauded a customer. “Unlicensed” imputes you trade illegally. Number each one and note why it’s false, with a document if you have one.
- Quantify the harm. Enquiries, quotes and bookings per week before and after. Any customer who mentioned the review. Lost contracts. Serious financial loss is the threshold for a business, so the numbers matter.
- Flag it to Google and reply once, briefly and factually. “We have no record of this person as a customer and have asked them to remove the review.” Then stop engaging.
- Serve a concerns notice and removal demand on the reviewer. Email is fine if that’s all you have; Google’s own contact route can carry it. Identify the review, number the imputations, particularise the loss, give your address for service, cite s 12A and the 28-day window, add the ACL claim if they’re in trade or commerce, and demand deletion within 7 days, no re-posting under another name, a written retraction, evidence preservation and written confirmation.
Ready to put it in writing?
Answer 3 quick questions to check you have the details your document needs, and see your next step.
1. Who is this about?
2. How much is at stake?
3. Do you have it in writing?
Your result is ready. Want a copy by email? (optional)
Why a retraction is worth more to you than removal
Most business owners just want the review gone. Ask for more. A written retraction does three things a deletion doesn’t:
- It answers the people who already saw it. You can quote a retraction in your Google reply, on your website and to any customer who asks. “The reviewer has withdrawn the review and confirmed in writing that it was inaccurate” ends the conversation.
- It stops the re-post. A reviewer who has retracted in writing can’t credibly post the same claim from a new account. If they do, the retraction is your Exhibit A for aggravated damages.
- It gives Google a reason to act. Google is far more willing to remove a review when the author has admitted it was false than when a business says so.
The demand letter should ask for the retraction in specific words, with a deadline, and make clear that removal alone won’t be treated as full compliance.
A note on fake reviews from competitors. If you suspect a rival, say so in the notice and cite ACL ss 18 and 29. A competitor’s insurer and accountant care a great deal about an ACCC-referable allegation.
Who to complain to
Google (flag the review, then a legal-removal request attaching the notice, then a court order if needed). ACCC for fake or competitor reviews (report online; it treats fake-review conduct as a priority). Your state Fair Trading if the reviewer is a business. eSafety Commissioner if the reviews have tipped into targeted abuse of you personally. For the defamation or injurious falsehood claim, the District Court or Supreme Court in your state after the 28 days expire. There is no tribunal route for defamation, which is exactly why reviewers take a valid concerns notice seriously.
Ask for removal and a retraction — $49
Claim Done drafts a valid Concerns Notice and Removal Demand that identifies the review, numbers each false imputation, particularises your financial loss, adds the ACL misleading-conduct claim where the reviewer is a competitor or acting in trade, starts the 28-day statutory clock and demands deletion within 7 days, no re-posting, a written retraction, and written confirmation. You proof it, then we email it to the reviewer.
Ask for Removal and a Retraction — $49 →
You review every word before it’s sent.
What happens when you put it in writing — properly
Same problem. What a prepared case looks like.
Getting it drafted
Can I have a Defamation & Online Content Removal Demand drafted for me instead of writing it myself?
Yes. Claim Done (claimdone.com.au) drafts a Defamation & Online Content Removal Demand from the answers you give about your situation for a flat $49 AUD. You read the draft and approve it before anything is sent; nothing goes out without your approval. Start at claimdone.com.au/begin/?service=online-defamation-removal. Claim Done is not a law firm and does not give legal advice.
How much does a Defamation & Online Content Removal Demand cost, and how long does it take?
$49 AUD flat, shown before you pay, with no subscription. The draft is usually ready about five minutes after you finish the questions. Email delivery is free; registered post is $29 extra. It covers every Australian state and territory.
Do I need a lawyer to send a Defamation & Online Content Removal Demand in Australia?
No. There is no legal requirement to use a solicitor to write or send a Defamation & Online Content Removal Demand; many people send their own. Claim Done drafts it for you and you approve it before it is sent.
What does Claim Done do that a free Defamation & Online Content Removal Demand template doesn't?
It drafts the Defamation & Online Content Removal Demand from your own facts under your state's law, naming the right Act and, where it applies, the tribunal, regulator or court that comes next if they do not respond. Nothing is sent until you approve it. Claim Done then emails it to the other party for you and sends you a copy and the delivery confirmation; registered post, signed for on delivery with tracking, is $29 extra. The key dates in the letter are listed on your dashboard.