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In a defamation proceeding, statute and regulation allows for various types of remedies and damages. Courts are empowered to choose the remedy that is the most appropriate in the circumstances, such as damages (including compensatory, expectation or aggravated damages), an account of profits, an injunction, an apology order, a correction order, an order for delivery up or destruction of material and a declaration. Consultation with a specialised Defamation Lawyer could be greatly beneficial if you require advice regarding damages in defamation.

The underlying principle in awarding damages for defamation is compensation. Recoverable damages are restricted by statute. Compensatory damages may comprise general damages, special damages and aggravated damages. These may be awarded in respect of the following heads of damage: injury to reputation, injury to feelings, injury to health and pecuniary loss. Damages awarded for defamation are necessarily highly subjective. Thorough and detailed legal advice from a Defamation Lawyer can assist you in understanding the types of damages available in Defamation Law.

The following factors may be taken into account in reducing the damages for which a defendant is liable: an apology made by the defendant, legal proceedings for damages, or compensation received, for defamation of the same effect,  a plaintiff’s general bad reputation,  partial justification of the defamatory matter by the defendant, and the fact that the defamatory publication by the defendant was merely a repetition of material honestly believed to be true, the original source of the material being disclosed.  Being properly advised by a Defamation Lawyer would potentially be necessary when you need advice regarding damages in defamation.

At common law, both aggravated and exemplary, or punitive, damages may be awarded for defamation. However, exemplary damages are purely punitive and are not available for defamation in Australia. Aggravated damages are strictly compensatory and are awarded when the plaintiff’s injury is made worse by conduct of the defendant which is unjustifiable, improper or lacking in bona fides. Aggravated damages are awarded where the conduct of the defendant, at the time of the publication or subsequently (including during the course of the trial) has made the plaintiff’s injury worse. They are generally awarded in respect of increased injury to feelings, but this is not necessarily so, and in the case of a corporate plaintiff this cannot be so. The conduct of the defendant need not be malicious, but must in some way be unjustifiable, improper or lacking in bona fides. A refusal to retract or apologise, and the failure to establish the defence of justification, may be cause for an award of aggravated damages. An experienced Defamation Lawyer may be able advise you on the various damages potentially available to you and assist you in resolving your defamation matter.

If you need further legal advice on your defamation matter, you may book an appointment with us by telephone on (02) 9233 4048 or by email to info@navado.com.au.  

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