ABSTRACT
An important recent empirical study of exemplary damages found that compared to other categories of defendant, Australian courts most frequently award exemplary damages against the police. This article provides a tailored empirical study of exemplary damages claims against the police in all Australian jurisdictions between 2000 and 2021, analysing the incidence of claims and the frequency and quantum of awards in light of various features of those claims. The study concludes that courts are more likely to award exemplary damages against the police for torts with a malice component or where the plaintiff has suffered actual, specifically identifiable harm beyond an infringement of his or her rights. The study also confirms that the variation in incidence of awards across jurisdictions is likely caused by the detail of statutory interventions limiting state liability for police wrongdoing and queries whether the generally modest quantum of awards is likely to be effective in serving their deterrent purposes.
Fielding, Michael, Exemplary Damages and Police Wrongdoing: An Empirical Analysis (April 1, 2024) (2024) 29 Torts Law Journal 53.
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