Western Australian Current Acts Western Australian Current Acts (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;
(b) the
defendant has published a correction of the defamatory matter;
(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;
(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.