Queensland 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
subsection (1) .
(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.
(5) An 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 under a regulation.
(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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