In Carson v John Fairfax & Sons Ltd (1992) 178 CLR 44, Brennan J said:
The principal remedy for a person who has been defamed is damages. The court awards money as compensation for the harm done to a person's reputation and injury to her or his feelings. As at 1 July 2012, these damages are limited to a maximum of $339 000. They are indexed annually. It is quite possible for people to show that they have been defamed but still not receive substantial damages.
The state of mind of the defendant generally is not relevant in awarding damages but an apology or correction are factors that can be taken into consideration.
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