When it comes to a case of non-economic damages, the maximum amount of damage that could be compensated for individual defamation cases generally is capped at $407,500.

Though, this restriction does not apply if the court is convinced that the situation in which the defamatory matter relating to the proceedings described warrants an award of punitive damages. There is no limit on the amount of economic loss that the courts can award.

For example, accusations bordering on those of paedophilia are considered to be of the utmost defamatory nature. Queensland cases establish that even being accused of having been investigated for sex crimes can bring an award of $50,000.

Damages include those for reparation of the harm done to reputation; for consolation for the personal distress and hurt caused by the publication (“solatium”); and those for proven losses, e.g. income loss.

There must be an appropriate and rational relationship between the harm sustained and the damages awarded. Still, they should be awarded in an amount the defamed person can point out the baselessness of the accusation to a bystander.

It is recommended to speak to an Expert Defamation Lawyers to discuss how to take the best course of action.

Some statements enjoy absolute privilege, i.e. those that are made in Parliament or as part of court proceedings. The reporting of the material contained in such circumstances or a “public document” is also exempt, provided the publication containing the defamatory words is published “honestly for the information of the public or the advancement of education”.

Statements expressed to be of an opinion rather than of a fact, provided they are reasonably based and in respect to a matter of public interest, are also exempt.

Speak to our Defamation Lawyers to see what available options you are entitled to.

A lawsuit, if required, must be commenced within 12 months of the defamatory statement. Still, this period can be extended by up to 3 years if, for example – because the defamation did not come to the person’s attention in the 12 months – it was not reasonable to expect the claim to have been commenced in court within such time.

If no defence to the claim is filed, the damage to reputation is presumed. Either party may select a jury if the matter proceeds to trial. Don’t delay your right to claim compensation; speak to one of our Defamation Lawyers today.