New South Wales Consolidated Acts
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DEFAMATION ACT 2005 - SECT 35
Damages for non-economic loss limited
35 Damages for non-economic loss limited
(1) 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) The maximum damages amount is to be awarded only in a most serious case.
(2A) Subsection (1) does not limit the court's power to award aggravated
damages if an award of aggravated damages is warranted in the circumstances.
(2B) An award of aggravated damages is to be made separately to any award of
damages for non-economic loss to which subsection (1) applies.
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 Gazette, the amount
that is to apply, as from the date specified in the order, for the purposes of
For orders under this subsection, see Gazettes No 84 of
30.6.2006, p 5043 (amount declared: $259,500); No 80 of 15.6.2007, p 3793
(amount declared: $267,500); No 72 of 20.6.2008, p 5482 (amount declared
$280,500); No 90 of 19.6.2009, p 3137 (amount declared: $294,500); No 79 of
18.6.2010, p 2452 (amount declared: $311,000); No 62 of 24.6.2011, p 4588
(amount declared: $324,000); No 60 of 8.6.2012, p 2369 (amount declared:
$339,000); No 65 of 31.5.2013, p 2307 ($355,500); No 52 of 26.6.2015, p 1928
(amount declared: $376,500); No 50 of 17.6.2016, p 1406 (amount declared:
$381,000); No 56 of 26.5.2017, p 1782 (amount declared: $389,500); No 66 of
29.6.2018, p 3970 (amount declared: $398,500); No 55 of 31.5.2019, p 1665
(amount declared: $407,500) and No 132 of 26.6.2020, p 3045 (amount declared:
$421,000). From April 2021, PCO is no longer updating notes in provisions of
in force titles about related gazette notices. To search for related gazette
notices, please use the Gazette Search functionality.
(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.
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 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.
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