Similar to other jurisdictions, aggravated damages in Australia aim to compensate the plaintiff for additional distress they suffered. This distress can be intangible, like humiliation, embarrassment, or injury to feelings of dignity and pride. Let’s use an example:
A security guard at a retail store falsely accuses a customer of shoplifting in a loud and aggressive manner, causing a scene in front of other customers. The customer is ultimately proven innocent and released. However, the customer also experiences significant emotional distress and humiliation due to the public nature of the accusation.
So what’s the possible outcome? The customer can sue the store for defamation and even false imprisonment if he was detained. In addition to substantial damages for the initial harm (e.g., reputational damage and inconvenience), the court might award aggravated damages to compensate the customer for the additional emotional distress caused by the security guard’s outrageous behaviour.
Read on to learn more about this type of damage.
What Does the Australian Law Reform Commission Say?
The Australian Law Reform Commission (ALRC) is an independent statutory body established by the Australian government. Its primary function is to conduct enquiries into various aspects of Australian law and recommend reforms to the Attorney-General. This includes reforms about aggravated damages or any other types of damages.
In Australia, aggravated damages are a part of “general damages” awarded in lawsuits. These are compensatory damages for the plaintiff for emotional harm caused by the specific way the defendant committed the wrongful act. This additional compensation is meant to address the severity of the defendant’s actions, particularly if they caused humiliation or injury to the plaintiff’s dignity.
The ALRC discourages awarding aggravated damages as a separate sum. Here’s why:
- It overlaps with the existing “general damages” that already consider the defendant’s conduct.
- It could overlap with “exemplary damages“, which aim to punish the defendant, not just compensate the plaintiff.
Instead, the ALRC suggests that courts should:
- Consider the defendant’s conduct when assessing general damages. This includes evaluating if the defendant’s actions (before, during, or after the initial wrong) caused the plaintiff additional emotional distress or humiliation.
- Maintain the ability to award exemplary damages in appropriate circumstances.
- Not include contributory negligence as a factor to reduce an award of damages.
Aggravated Damages: Case Study
The case of Stokes v Ragless [2017] involved a dispute between two members of a local shooting club in South Australia. Ragless, a long-time member, disagreed with the ideas of a newer member, Stokes, who joined the club’s committee. Following a mental breakdown, Ragless lost his gun licence and faced suspension from the club. He then:
- Created a website containing defamatory statements about Stokes, accusing him of being a liar, bully, thug, and corrupt.
- Posted similar defamatory content on Facebook and via email.
Stokes sued Ragless for defamation, claiming these statements seriously harmed his reputation and character. The court ruled in favor of Stokes, finding the published material was indeed defamatory. Hence, stokes was awarded $90,000 in damages:
1. $70,000: General damages for the harm and distress caused by the defamation.
2. $20,000: Aggravated damages due to several factors, including:
- The severity and duration of the defamatory campaign.
- Ragless continuing to make defamatory statements despite a court injunction prohibiting him from doing so.
- Ragless’s admission that he intended to continue making these statements.
Additionally, the court issued a permanent injunction preventing Ragless from further defaming Stokes.

Are There Other Types of Damages?
Besides aggravated and exemplary damages, Australian courts award various types of compensation depending on the harm the plaintiff suffered:
- General damages: For non-economic loss like pain and suffering, awarded based on the severity of the harm.
- Pecuniary losses: For actual financial losses like medical expenses or hospital expenses, proven with documentation.
- Income loss: For past and future income lost due to the defendant’s actions, often based on past income and expert reports.
- Contemptuous/Nominal damages: A small symbolic sum awarded for technical breaches where minimal harm occurred.
- Punitive damages: Punitive damages do not focus on compensating the victim but rather on punishing the crime or wrongdoing.
What to Discuss with Your Lawyer?
1. Gather Evidence
- Document everything: Collect any evidence of the defendant’s conduct that caused you emotional distress. This could include emails, text messages, social media posts, recordings (with consent in relevant jurisdictions), witness statements, and medical records (if applicable).
- Describe your experience: Be prepared to discuss the impact the defendant’s actions had on you emotionally. This could include details of any anxiety, humiliation, or other psychological harm you suffered.
2. Discuss Eligibility
- Understand the criteria: Explain the situation to your lawyer and enquire about the specific criteria for claiming aggravated damages in your state, as they can vary slightly across jurisdictions.
- Identify relevant factors: Discuss the key factors the court considers when awarding aggravated damages, such as the severity of the defendant’s conduct, the duration of the distress caused, and the defendant’s behaviour following the initial wrongdoing.
3. Evaluate Potential
- Analyse your case: Together with your lawyer, assess how your situation aligns with the criteria for aggravated damages. This will help in determining if pursuing them is a viable option.
- Weigh benefits and risks: Consider the potential benefits of receiving aggravated damages, such as additional compensation for your suffering, alongside the costs and time involved in pursuing a claim.
4. Open Communication
- Be transparent: Be honest and transparent with your lawyer about the emotional impact you experienced. This information is crucial for them to effectively assess your case and advocate for you.
- Ask questions: Don’t hesitate to ask your lawyer questions about the legal process, potential outcomes, and any uncertainties surrounding your claim.

How Can We Help with Assessing Damages?
When the harm goes beyond the ordinary, seeking justice can feel overwhelming. At JB Solicitors, we understand the emotional toll of such situations. That’s why we stand by your side, navigating the complexities of aggravated damage or personal injury cases with empathy and expertise.
We meticulously assess your case, gathering evidence and building a compelling narrative to showcase the full extent of the suffering you endured. Our legal team, armed with extensive experience and unwavering dedication, fights for the compensation you rightfully deserve.
Contact us today if you seek to make aggravated damage claims or any other types of damage.