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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Defamation Amendment (Costs) Bill
2002
Contents
Page
1 Name of Act 2
2 Commencement 2
3 Amendment of Defamation Act 1974 No 18 2
Schedule 1 Amendments 3
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New South Wales
Defamation Amendment (Costs) Bill
2002
No , 2002
A Bill for
An Act to amend the Defamation Act 1974 with respect to costs in defamation
actions; and for other purposes.
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Clause 1 Defamation Amendment (Costs) Bill 2002
1
The Legislature of New South Wales enacts:
2
1 Name of Act
3
This Act is the Defamation Amendment (Costs) Bill 2002.
4
2 Commencement
5
This Act commences on the date of assent.
6
3 Amendment of Defamation Act 1974 No 18
7
The Defamation Act 1974 is amended as set out in Schedule 1.
Page 2
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Defamation Amendment (Costs) Bill 2002
Amendments Schedule 1
Schedule 1 Amendments 1
2
(Clause 3)
3
[1] Section 57A
4
Insert after section 57:
5
57A Plaintiff's costs not to exceed damages awarded
6
(1) In proceedings for defamation, the amount of the costs of the
7
plaintiff (or of any particular plaintiff if there is more than one
8
plaintiff) that are payable as party/party costs in the
9
proceedings is not to exceed the amount of the damages
10
ordered to be paid to the plaintiff in the proceedings.
11
(2) A court is not to make an order for the payment of costs in
12
defamation proceedings that is inconsistent with this section.
13
(3) In assessing the amount of those costs that is a fair and
14
reasonable amount, a costs assessor is not to make a
15
determination that is inconsistent with this section.
16
(4) In determining the amount ordered to be paid as damages in
17
defamation proceedings, no regard is to be had to any part of
18
the amount ordered to be paid that is attributable to costs.
19
(5) In this section:
20
costs means costs for legal services provided to the plaintiff
21
by a solicitor or barrister (including by an agent or employee
22
of the solicitor or barrister) but does not include costs charged
23
as disbursements for services provided by any other person or
24
other disbursements.
25
party/party costs means costs payable as a result of an order
26
of the court for the payment of costs in the proceedings
27
(including costs awarded on an indemnity basis).
Page 3
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Defamation Amendment (Costs) Bill 2002
Schedule 1 Amendments
[2] 1
Schedule 3 Savings and transitional provisions
2
Insert at the end of the Schedule (with appropriate Part and clause
3
numbers):
Part Provision consequent on enactment of 4
Defamation Amendment (Costs) Act 2002 5
6
Application of section 57A
7
Section 57A does not apply in respect of proceedings
8
commenced before the date of assent to the Defamation
9
Amendment (Costs) Act 2002.
Page 4
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