Defamation Order 2012 (TAS)

The Defamation Order 2012 was made by the Minister for Justice, Brian Wightman, under section 35 of the Defamation Act 2005. The order is intended to set the maximum damages amount for defamation claims, effective from 1 July 2012. The order was declared to be $339,000, which is the amount set by the Minister to reflect the current economic conditions and to provide a fair and reasonable limit on the damages that can be awarded in defamation cases.

The legal issue before the court was the determination of the maximum damages amount for defamation claims, as provided for under section 35 of the Defamation Act 2005. The court was required to consider the economic conditions, the current state of defamation law, and the need to strike a balance between protecting freedom of speech and providing a remedy for those who have been defamed.

The court considered the economic conditions and the need to set a reasonable limit on the damages that can be awarded in defamation cases. The court also considered the need to strike a balance between protecting freedom of speech and providing a remedy for those who have been defamed. The court found that the amount of $339,000 was a fair and reasonable limit on the damages that can be awarded in defamation cases, and accordingly made the order declaring that amount to be the maximum damages amount for defamation claims from 1 July 2012.

The court's reasoning and outcome were based on a careful consideration of the relevant factors and the need to strike a balance between the various interests at stake. The court found that the amount of $339,000 was a fair and reasonable limit on the damages that can be awarded in defamation cases, and accordingly made the order declaring that amount to be the maximum damages amount for defamation claims from 1 July 2012.