The statutory cap on defamation damages under s 35(1) of the Defamation Act 2005 (Vic) applies to each plaintiff separately, not to the proceeding as a whole. For the purposes of s 35(2), aggravating conduct warranting damages above the statutory cap is not confined to conduct at the time of publication but extends to the defendant's conduct from publication to verdict. Aggravated damages remain compensatory in nature and should ordinarily be included in a single award, but where they cause the total to exceed the cap, the aggravated component should be separately identified.
The full text is available to signed-in members, including the 33 later cases that cite this judgment.
2 of the 33 citing cases carry a classified treatment. How each court treated it is available to signed-in members.