Victorian Consolidated Legislation

Defamation Act 2005 - SECT 38

Factors in mitigation of damages

38. Factors in mitigation of damages



(1) Evidence is admissible on behalf of the defendant, in mitigation of
damages for the publication of defamatory matter, that-

   (a)  the defendant has made an apology to the plaintiff about the
        publication of the defamatory matter; or

   (b)  the defendant has published a correction of the defamatory matter; or

   (c)  the plaintiff has already recovered damages for defamation in relation
        to any other publication of matter having the same meaning or effect
        as the defamatory matter; or

   (d)  the plaintiff has brought proceedings for damages for defamation in
        relation to any other publication of matter having the same meaning or
        effect as the defamatory matter; or





   (e)  the plaintiff has received or agreed to receive compensation for
        defamation in relation to any other publication of matter having the
        same meaning or effect as the defamatory matter.

(2) Nothing in subsection (1) operates to limit the matters that can be taken
into account by a court in mitigation of damages.