Defamation Order 2015 (TAS)

The Defamation Order 2015 was made by Dr. Vanessa Goodwin, the Minister for Justice, under the authority of section 35(3) of the Defamation Act 2005. The order was issued to establish a new maximum amount for defamation damages, effective from 1 July 2015. This legislative move came in response to the need to adjust the financial implications of defamation claims in line with current economic conditions and societal expectations.

The central legal issue addressed by the order was to determine an appropriate maximum amount for defamation damages that would reflect contemporary standards. This involved an analysis of various factors including inflation, changes in the cost of living, and the potential impact on both claimants and defendants in defamation litigation. The court was required to consider whether the existing maximum amount was still adequate and fair in the current context.

The court reasoned that an increase in the maximum damages amount was necessary to ensure that defamation victims could seek adequate compensation. The court noted that since the previous maximum amount was set, there had been significant economic changes which necessitated an adjustment. The new amount of $367,500 was considered to be a fair reflection of these changes and was intended to balance the interests of both parties in defamation cases.

The Defamation Order 2015 was made effective from 1 July 2015, and it declared that the new maximum damages amount would be $367,500 for the purposes of section 35(1) of the Defamation Act 2005. The order was published in accordance with the Rules Publication Act 1953 and notified in the Gazette on 17 June 2015. The order is administered by the Department of Justice.