Defamation Order 2014 (TAS)

In the Defamation Order 2014, the Tasmanian government introduced an order to amend the maximum damages amount available for defamation claims under the Defamation Act 2005. The order aimed to update the statutory cap on damages in defamation cases to reflect changes in the law and economic conditions. The order was made by the Minister for Justice and came into effect on 1 July 2014.

The court was required to consider the appropriate method for calculating the updated maximum damages amount, taking into account the relevant provisions of the Defamation Act 2005 and any relevant legislative or policy changes since the previous cap was set. The court also needed to ensure the new amount was in line with the statutory requirements and that it was appropriately notified to the public.

The court found that the new maximum damages amount should be $366,000, reflecting the changes in the law and economic conditions since the previous cap was set. The court considered the relevant provisions of the Defamation Act 2005 and determined that the new amount was appropriate. The court also noted that the order was properly notified to the public in accordance with the Rules Publication Act 1953.

The Defamation Order 2014 declared that the new maximum damages amount of $366,000 would apply from 1 July 2014. This order was made under the authority of the Defamation Act 2005 and was administered by the Department of Justice. The explanatory note accompanying the order clarified that the note was not part of the order itself but provided additional context for the changes being made.