economic loss. I consider the amount suggested by the respondents to be far too low, and the figures suggested by Ms Tickle to be far too high. After some considerable thought and reflection, I have arrived at the figure of $10,000 in damages. As I note below, there is one limited basis upon which Ms Tickle's aggravated damages succeeds, but where the harm caused is relatively slight and difficult to quantify: see Part 6(c)(v). The award of damages also reflects that limited aspect of aggravated damages.
231 This award of $10,000 is more than a nominal sum, but remains modest to reflect the reality of what has taken place, the limited evidence that Ms Tickle chose to adduce and the narrow ambit of the harm that has been shown to have been caused. Given the novelty of this claim, I should note that this quantum does not reflect the potential seriousness of gender identity discrimination that might emerge in another case. This kind of discrimination is just as capable of being as harmful as all other kinds of discrimination listed in the SDA, and therefore of justifying substantial awards of damages. The quantum in this case reflects the case that was proven. Had the proven facts differed, or the case been focused or run differently, it is possible that a much higher quantum would have been justified.
(c) Aggravated damages
(i) Authority and principles
232 Next, I turn to the question of aggravated damages. This discussion, and the particular conduct then considered, proceeds upon the basis that conduct which aggravates the conduct falling within the scope of s 46PO(3) is itself within that provision even though it could not have been part of the complaint. Given the conclusions I reach about most aspects of this claim for the reasons given below, the soundness of this assumption does not have to be tested.
233 Again, Ms Tickle seeks $100,000, while the respondents oppose any award at all. This ends up turning on the absence of particulars pleaded, the dire shortage of evidence adduced, and the lack of any compelling argument being advanced of there being any relevant aggravation of the proven indirect gender identity discrimination conduct. Whether there was in fact any proper basis for an award of aggravated damages I will never know, because not even a faint glimmer of a proper basis for this was advanced. I am not persuaded that any proper basis for aggravated damages has been established.
234 It is well established that aggravated damages may be awarded under s 46PO(4)(d) as they are compensatory, not punitive, in nature: see Elliott v Nanda [2001] FCA 418; (2001) 111 FCR
