AbstrAct Exemplary damages have caused a long and unresolved struggle with the underlying compensatory purpose of tort law because they award the plaintiff more than is necessary to …
FELICITY MAHER* In a series of statutory interventions concentrated around the early 2000s, Australian parliaments legislated to limit or exclude the availability of exemplary damages. This …
Australian law, this finds expression in the proposition that compensation is the fundamental principle of the law of damages,13 and that other objectives (found in exemplary,14 …
BP Australia Ltd,11 O’Bryan J considered that the law in Victoria permitted an award of exemplary damages in actions for personal injuries caused by negligence in appropriate cases.12 In this …
To contextualise the present discussion, a brief overview of the legal history of exemplary damages in Australia is appropriate. Australia derives its use of exemplary damages from …
Exemplary Damages The appellant appealed the award of exemplary damages by the trial judge. The award was made without reference to s 3B(1)(a) of the Civil Liability Act 2002 (NSW), …
An Empirical Study of Exemplary Damages in Australia
In a series of statutory interventions concentrated around the early 2000s, Australian parliaments legislated to limit or exclude the availability of exemplary damages. This prompted the authors …
One of the initial questions surrounding exemplary damages is whether, at law, a person may claim and recover them, additional to compensatory damages, outside the province of …
Vicarious liability and exemplary damages Since the tort of misfeasance in public office is founded on the ill-will of the defendant, it is one which is peculiarly appropriate for the award of …
Damages awards in discrimination matters around Australia are summarised in a table in the CCH Australia and New Zealand Equal Opportunity Reporter,26 and awards in federal cases are …
A Colonial History of the River Murray Dispute The Constitutional Conventions and Constitutional Change: Making Sense of Multiple Intentions Exemplary Damages: Retribution and …
An Empirical Study of Exemplary Damages in Australia
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Exemplary Damages John A rranga, Victoria On the 20th March 1996 the Supreme Court of Victoria, Court of Appeal delivered a judgement in which it considered the issue of exemplary …
Despite some criticisms of exemplary damages in the law of torts, principally because it is felt by some that "there are sound reasons why punishment should be confined to the sphere of the …
The question of whether equity possesses a power to make an award of exemplary damages requires a consideration of the source and purpose of remedies in equity. Stated broadly, the …
In rejecting the restrictive categorisation of exemplary damages, New Zealand has opted to continue applying the “contumelious disregard of the plaintiffs rights” as the test for the award …
The starting point for determining if, where there have been criminal proceedings, an exemplary award amounts to double jeopardy, is to determine the proper nature and function of …
COMPETITION AND CONSUMER ACT 2010 - SECT 87ZB
Exemplary and aggravated damages (1) A court must not, in a proceeding to which this Part applies, award exemplary damages or aggravated damages in respect of death or personal …
In Australia, exemplary damages are a discretionary remedy for which little guidance is pr~vided.~ Due to the lower visibility of exemplary damages there has been less research undertaken in …
Abstract This short article discusses a number of matters which arise in the assessment of damages under the Trade Practices Act that are of current importance. Authority has …