How Much Can I Claim for Defamation of Character in Australia?

Defamation of character can severely impact an individual’s or business’s reputation, leading to financial and emotional distress. In Australia, the question of how much you can claim for defamation of character depends on several factors, including the extent of harm, the nature of the defamatory material, and applicable legal provisions under the Defamation Act 2005. Defamation occurs when false statements are published, harming an individual’s or entity’s reputation. The Uniform Defamation Laws, effective since January 1, 2006, make defamation actionable without proof of special damage if it causes serious harm to reputation (s 7).

Key elements of a defamation claim include:

• Publication: The defamatory material was communicated to a third party.

• Identification: The material identifies the plaintiff.

• Defamatory Nature: The material lowers the plaintiff’s reputation.

• Serious Harm: The publication caused or is likely to cause serious harm (post-2021 reforms).

For further legal resources, visit AustLII.

The amount you can claim for defamation of character varies based on:

• Extent of Harm: The severity of reputational damage, including loss of business or social standing.

• Nature of Publication: Whether the defamatory material was widely disseminated (e.g., on social media) or limited in scope.

• Intent: Malice or reckless disregard by the defendant can increase damages.

• Mitigation Efforts: Whether the defendant issued an apology or retraction.

• Financial Loss: Direct economic losses, such as lost income or business opportunities.

Australian courts award several types of damages for defamation, each serving a distinct purpose:

• General Damages: Compensate for non-economic harm, such as reputational damage, emotional distress, and loss of social standing.

• Special Damages: Cover specific financial losses, such as lost income or business opportunities, requiring evidence.

• Aggravated Damages: Awarded if the defendant’s conduct was malicious or particularly harmful.

• Exemplary (Punitive) Damages: Rarely awarded, these punish egregious conduct but are capped under the Uniform Defamation Laws.

Non-economic damages are capped at $459,000 (2025), per Defamation Act 2005, s 35, but this cap is lifted for malicious conduct.

Under the Defamation Act 2005, non-economic damages (general and aggravated) are capped to limit excessive payouts. As of 2025, the cap is $459,000, adjusted annually for inflation. This cap does not apply if the court finds the defendant acted with malice, allowing for higher awards. Economic losses (special damages) are not subject to this cap but require clear proof.

Recent Australian cases illustrate the range of defamation payouts:

• Adelaide Lawyer Case (2020): A lawyer received $750,000 due to a false Google review that severely damaged his professional reputation. 

• Tash Peterson and Jack Higgs Case (2025): The defendants paid $280,000 for defamatory social media statements.

• Geoffrey Rush v Nationwide News (2019): Awarded $2.9M, including $850,000 for non-economic loss. AustLII

• Moira Deeming v John Pesutto (2024): Awarded $300,000 for defamatory political statements.

To estimate how much you can claim for defamation of character, consider:

• Reputational Harm: Assess how the defamatory material affected your standing in the community or industry.

• Financial Loss: Document lost income, contracts, or opportunities with evidence like financial records.

• Emotional Distress: Courts may consider mental anguish, supported by medical or psychological evidence.

• Legal Costs: Defamation cases can be costly, with court fees and legal representation adding up.

Defendants may reduce or avoid liability by raising defences under the Defamation Act 2005, such as:

• Truth: The statement was substantially true (s 25).

• Honest Opinion: The statement was an opinion based on true facts (s 31).

• Public Interest: The publication was in the public interest and reasonable (s 29A).

• Triviality: The harm was unlikely to cause significant reputational damage (s 33).

The 2021 reforms to the Uniform Defamation Laws introduced changes to balance free speech and reputation protection:

• Serious Harm Threshold: Plaintiffs must prove the publication caused or is likely to cause serious harm (s 10A).

• Single Publication Rule: Limits the time to sue based on the first publication date.

• Mandatory Concerns Notice: Plaintiffs must issue a concerns notice before suing, encouraging settlements (s 12B).

To pursue a defamation claim, follow these steps:

• Issue a Concerns Notice: Notify the defendant of the defamatory material and seek a remedy (e.g., apology, retraction).

• Gather Evidence: Collect proof of publication, harm, and financial loss.

• Consult a Lawyer: Engage a defamation lawyer to assess your case and estimate potential compensation. AHL Legal

• File a Claim: If unresolved, file in the appropriate court (e.g., District or Supreme Court).

• Negotiate or Litigate: Many cases settle out of court to reduce expenses.

Determining how much you can claim for defamation of character in Australia requires careful assessment of reputational harm, financial loss, and legal provisions under the Defamation Act 2005. With a cap on non-economic damages at $459,000 (2025) and the potential for higher awards in cases of malice or significant economic loss, each case is unique. Recent reforms emphasize proving serious harm and encourage early resolution, making legal advice crucial. If you believe you’ve been defamed, consult a qualified lawyer to evaluate your claim and maximize your compensation. Visit our Defamation Guide for more details.