Victorian Consolidated Legislation

Defamation Act 2005 - SECT 35

Damages for non-economic loss limited

35. Damages for non-economic loss limited



(1) Unless the court orders otherwise under subsection (2), the maximum amount
of damages for non-economic loss that may be awarded in defamation proceedings
is $250 000 or any other amount adjusted in accordance with this section from
time to time (the maximum damages amount) that is applicable at the time
damages are awarded.

(2) A court may order a defendant in defamation proceedings to pay damages for
non-economic loss that exceed the maximum damages amount applicable at the
time the order is made if, and only if, the court is satisfied that the
circumstances of the publication of the defamatory matter to which the
proceedings relate are such as to warrant an award of aggravated damages.





(3) The Minister is, on or before 1 July 2006 and on or before 1 July in each
succeeding year, to declare, by order published in the Government Gazette, the
amount that is to apply, as from the date specified in the order, for the
purposes of subsection (1).

(4) The amount declared is to be the amount applicable under subsection (1)
(or that amount as last adjusted under this section) adjusted by the
percentage change in the amount estimated by the Australian Statistician of
the average weekly total earnings of full-time adults in Australia over the 4
quarters preceding the date of the declaration for which those estimates are,
at that date, available.

(5) An amount declared for the time being under this section applies to the
exclusion of the amount of $250 000 or an amount previously adjusted under
this section.

(6) If the Australian Statistician fails or ceases to estimate the amount
referred to in subsection (4), the amount declared is to be determined in
accordance with the regulations.

(7) In adjusting an amount to be declared for the purposes of subsection (1),
the amount determined in accordance with subsection (4) is to be rounded to
the nearest $500.

(8) A declaration made or published in the Government Gazette after 1 July in
a year and specifying a date that is before the date it is made or published
as the date from which the amount declared by the order is to apply has effect
as from that specified date.