---
title: "Record that exemplary or punitive damages cannot be awarded"
url: "https://ailawframework.com/practice/defamation-and-media-law/record-that-exemplary-or-punitive-damages-cannot-be-awarded"
type: "task"
site: "AI Law Framework"
id: "A33-PE20261022-16"
practice_area: "Defamation & Media Law"
tier: "yellow"
lawyer_review: "required"
last_reviewed: "2026-10-22"
---

# Record that exemplary or punitive damages cannot be awarded

> On the damages worksheet and on any schedule of amounts claimed, record that exemplary damages and punitive damages are not to be included. Do not calculate a separate aggravated amount and do not propose a figure.

Canonical page: https://ailawframework.com/practice/defamation-and-media-law/record-that-exemplary-or-punitive-damages-cannot-be-awarded  
Last reviewed: 2026-10-22

Site index for agents: https://ailawframework.com/llms.txt

## Key facts

| Fact | Value |
| --- | --- |
| Practice area | [Defamation & Media Law](https://ailawframework.com/practice/defamation-and-media-law.md) |
| Human involvement | Yellow: Lawyer and AI draft together |
| How AI is used | On the damages worksheet and on any schedule of amounts claimed, record that exemplary damages and punitive damages are not to be included. Do not calculate a separate aggravated amount and do not propose a figure. |
| What the lawyer must review | The lawyer confirms that the claim does not seek exemplary or punitive damages, and deals separately with any question of aggravated damages. |
| Written for / versions | 1 jurisdiction versions below |

## Checking plan

**Source-by-source verification**

Trace relied-on content to independent sources and check for relevant material the output has missed.

- What the AI does: On the damages worksheet and on any schedule of amounts claimed, record that exemplary damages and punitive damages are not to be included. Do not calculate a separate aggravated amount and do not propose a figure.
- What the lawyer does: The lawyer confirms that the claim does not seek exemplary or punitive damages, and deals separately with any question of aggravated damages.
- Who reviews: Responsible lawyer with competence in the matter
- Basis: Practical workflow informed by the linked primary sources; the traffic light and working checks are editorial guidance, not a court classification.
- Why: The level reflects what the work is, the consequence of an error, and how much of the output the lawyer must independently re-derive.

## Checks the lawyer makes

1. Record that exemplary damages are not to be claimed.
2. Record that punitive damages are not to be claimed.
3. Leave aggravated damages, and the amount of any compensatory damages, to the lawyer.

## Notes

- These are suggested working checks. Confirm the required checking with the responsible lawyer before work starts; the checking approach does not establish permission to use AI.

## Sources

- [Defamation Act 2005 (NSW) s 37, exemplary or punitive damages cannot be awarded](https://classic.austlii.edu.au/au/legis/nsw/consol_act/da200599/s37.html) (checked 2026-10-22)

## Jurisdiction versions

| Jurisdiction | Level |
| --- | --- |
| [United States](https://ailawframework.com/practice/defamation-and-media-law/record-that-exemplary-or-punitive-damages-cannot-be-awarded/united-states.md) | Yellow |

*Practice guidance for planning and review. Confirm current primary sources and the requirements of the actual matter. This is general information, not legal advice.*