Victorian Consolidated Legislation

Defamation Act 2005 - SECT 40

Costs in defamation proceedings

40. Costs in defamation proceedings



(1) In awarding costs in defamation proceedings, the court may have regard to-

   (a)  the way in which the parties to the proceedings conducted their cases
        (including any misuse of a party's superior financial position to
        hinder the early resolution of the proceedings); and

   (b)  any other matters that the court considers relevant.

(2) Without limiting subsection (1), a court must (unless the interests of
justice require otherwise)-

   (a)  if defamation proceedings are successfully brought by a plaintiff and
        costs in the proceedings are to be awarded to the plaintiff-order
        costs of and incidental to the proceedings to be assessed on an
        indemnity basis if the court is satisfied that the defendant
        unreasonably failed to make a settlement offer or agree to a
        settlement offer proposed by the plaintiff; or

   (b)  if defamation proceedings are unsuccessfully brought by a plaintiff
        and costs in the proceedings are to be awarded to the defendant-order
        costs of and incidental to the proceedings to be assessed on an
        indemnity basis if the court is satisfied that the plaintiff
        unreasonably failed to accept a settlement offer made by the
        defendant.

(3) In this section-

settlement offer means any offer to settle the proceedings made before the
proceedings are determined, and includes an offer to make amends (whether made
before or after the proceedings are commenced), that was a reasonable offer at
the time it was made. __________________