How much can I claim for defamation in Queensland?

One of the most common questions in a defamation matter is: what is my case worth? The answer depends on the type of harm, the reach of the publication, and the defendant’s conduct.

Types of Damages Available

1. General Damages (Non-Economic Loss)

General damages compensate for harm to reputation, hurt feelings, and loss of dignity.¹ Courts consider:

• The seriousness of the defamatory imputations
• The reach of the publication (a post seen by 50,000 people is more serious than one seen by 5)
• The nature of the plaintiff — a professional whose reputation is central to their livelihood suffers greater harm than a private individual
• Whether the defendant apologised or took corrective action (which reduces damages)

The cap: Queensland places a cap on damages for non-economic loss, currently indexed to approximately $459,000 (as at 2025).² However, this cap applies only to non-economic (reputational/distress) damages, not to proven financial losses.

2. Special Damages (Economic Loss)

If you can prove specific financial harm caused by the defamatory publication, for example, lost contracts, cancelled bookings, or clients who explicitly left because of the publication, you can claim these losses without any cap.

Example: A Gold Coast builder is falsely called a fraudster on a widely-read local Facebook group. Three scheduled contracts are cancelled the week after, totalling $120,000. Those losses are potentially recoverable as special damages, if the causal link to the publication can be established.

3. Aggravated Damages

Aggravated damages are awarded where the defendant’s conduct made the harm worse.³ This can include:

• Refusing to retract or apologise when given the opportunity
• Making the publication in a particularly malicious way
• Repeating the defamatory statements after being put on notice
• Pursuing the litigation in a way designed to increase the plaintiff’s distress

4. Injunctions

Courts can also grant injunctions ordering the defendant to:

• Remove the defamatory post, review, or statement
• Not repeat the publication
• Publish a correction or apology (though courts are cautious about ordering apologies)

Injunctions are often the most practically valuable remedy, particularly for online content that is actively damaging a business or professional reputation.

What Factors Increase or Decrease the Award?

Is It Worth Suing for Defamation?

Defamation litigation is expensive and emotionally draining. Courts are increasingly willing to award costs against a plaintiff who pursues an unmeritorious claim. Before commencing proceedings, a realistic cost-benefit analysis is essential.

For many Gold Coast clients, the primary goal is removal of the content rather than damages, and this can often be achieved through a well-drafted concerns notice and legal negotiation without court proceedings.

Related Topics

• The Complete Guide to Defamation Law in Queensland

• What is defamation in Queensland?

• What are the defences to defamation?

• What to do if you receive a defamation letter?

• Defamation and social media in Queensland

Had Your Reputation Harmed Online?

Bell & Senior Lawyers advises on defamation claims across the Gold Coast and South East Queensland. We’ll give you a frank assessment of your prospects and what outcome is realistic.

📞 (07) 5532 8777 | 🌐 bellsenior.com.au | Contact us