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This order may be cited as the Defamation Order 2008 .
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Tasmania regulation
This order sets the cap on defamation damages under the Defamation Act 2005 at $280,500, effective 1 July 2008. It applies to anyone suing or defending a defamation claim by limiting the maximum award a court may make. Mechanically, courts still determine liability and quantum but may not award more than the declared “maximum damages amount” (see section 35(1)); defendants who lose are the payers. The change shifts settlement and risk calculations for publishers, individuals and insurers without altering which claims fall under the Act.
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Direct links to the current provisions in Defamation Order 2008.
This order may be cited as the Defamation Order 2008 .
This order takes effect on 1 July 2008.
In this order –
Act means the Defamation Act 2005 ;
maximum damages amount has the same meaning as in section 35(1) of the Act.
For the purposes of section 35(1) of the Act, the maximum damages amount that is to apply from 1 July 2008 is declared to be $280 500.
Displayed and numbered in accordance with the Rules Publication Act 1953.
Notified in the Gazette on 2 July 2008
This order is administered in the Department of Justice.
Sourced from Tasmanian Legislation Online (legislation.tas.gov.au), CC BY 4.0.
This order may be cited as the Defamation Order 2008 .
This order takes effect on 1 July 2008.
In this order –
Act means the Defamation Act 2005 ;
maximum damages amount has the same meaning as in section 35(1) of the Act.
For the purposes of section 35(1) of the Act, the maximum damages amount that is to apply from 1 July 2008 is declared to be $280 500.
Displayed and numbered in accordance with the Rules Publication Act 1953.
Notified in the Gazette on 2 July 2008
This order is administered in the Department of Justice.