Defamation Amendment (Costs) Bill
2002

Explanatory note

Overview of Bill

The object of this Bill is to provide that, in proceedings for defamation, the
amount of party/party costs payable to the plaintiff is not to exceed the amount
of the damages ordered to be paid to the plaintiff.

Outline of provisions

Clause 1 sets out the name (also called the short title) of the proposed Act.

Clause 2 provides for the commencement of the proposed Act on the date of
assent.

Clause 3 is a formal provision giving effect to the amendments to the

Schedule 1 Amendments
Schedule 1 [1] inserts proposed section 57A in the Defamation Act 1974 to
provide that, in proceedings for defamation, the amount of party/party costs
payable to the plaintiff is not to exceed the amount of the damages ordered to be
paid to the plaintiff.

Schedule 1 [2] inserts a transitional provision to provide that proposed
section 57A does not apply in respect of proceedings commenced before the date
of assent to the proposed Act.

Note: If this Bill is not modified, these Explanatory Notes would reflect the Bill as passed in the House. If the Bill has been amended by Committee, these Explanatory Notes may not necessarily reflect the Bill as passed.

 

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