• Publication Date: October 29, 2015
  • EAN: 9781862879638
  • 240 pages; 6" x 8⅝"
Filed Under: Torts

Intentional Tort Litigation in Australia

Assault, False Imprisonment, Malicious Prosecution and Related Claims


Product Description

Intentional Tort Litigation in Australia considers the high frequency intentional torts of assault, battery, false imprisonment and malicious prosecution throughout Australia. It provides an analysis of the elements of each tort and commentary. The authors consider practical matters necessary in determining whether a claim may be brought; if so, how and against whom; what potential damages, or limitation of damages, may exist; possible defences at common law or arising under statute; and relevant issues that arise in obtaining and using documents in these proceedings. The book is a useful foundation and practical guide for lawyers conducting intentional tort litigation. It will also assist students in understanding the fundamental legal principles relating to these torts and their practical application.

Foreword by The Hon Dean Mildren AM RFD QC
Formerly a Judge of the Supreme Court of the Northern Territory
About the authors
Table of Cases
Table of Statutes

1. Introduction
2. Causes of Action
3. Parties
4. Defences and Statutory Regimes
5. Forums
6. Limitation Periods
7. Damages
8. Obtaining and Using Documents


I enjoyed reading this book very much. The authors identify that there are no textbooks in Australia specifically related to the kind of intentional torts commonly arising out of the exercise of police powers. The book achieves what the authors, in their preface, identify as their aim: “to provide an introduction to, and summary of, the law of these high frequency intentional torts in Australia. The book aims to serve as a practical guide to these intentional torts”. The focus of the book is the availability, and application, of relevant causes of action in the context of events concerning police and other law enforcement officers and their interaction with private citizens. It is a subject of considerable importance. In such circumstances citizens may be deprived of their liberty, or improperly prosecuted for criminal offences thus involving them in expense in defending themselves, embarrassment, damage to their reputations, and of course involving the exquisite fear and concern of conviction and possibly a custodial sentence. … This book is a very useful addition to the forensic toolbox of practising lawyers. Read full review… – John Maconachie, Australian Law Journal, September 2016

The book is well written and easy to follow. It sets out the pitfalls and traps which lie in wait for the unwary who embark on litigation for a perceived intentional Tort, without preparing a chart (which, may I say, is essential in all civil litigation), which identifies the correct Defendant, or Defendants, spells out the steps required to be proven and how they will be proved, to achieve the required result, identifies the nature of the claim for damages and the heads of damages and grasps the legal impediments in the particular State or other jurisdiction, which must be overcome. Intentional Torts come in forms as simple as a footballer king hitting another player behind the play or as complicated as a prosecutor bringing and continuing a prosecution for entirely malicious reasons. This book provides an excellent starting point for your research. Read full review… – Brian Morgan, Hearsay, June 2016, 75

The focus of this book is claims for the torts of assault, battery, false imprisonment and malicious prosecution, with particular attention to claims against the state and claims by criminal offenders in custody. … Intentional Tort Litigation in Australia will be useful to practitioners conducting this type of litigation because it identifies and responds to many of the legal and practical issues they will need to confront. Read full review… – Andrew Westcott, InPrint, Law Institute Journal Victoria, June 2016

Intentional Tort Litigation in Australia fills a gap in the literature for practitioners working in the field by providing a unique amalgamation of procedural and substantive requirements for commencing and defending proceedings. As a perusal of the most helpful discussion of examples of successful and unsuccessful attempts to bring intentional tort litigation reveals that litigation is not all that frequent in the area, it is perhaps unsurprising that the general textbooks tend not to devote a substantial amount of space to the topics covered by this book. Practitioners will no doubt find useful the meticulously prepared chapters on bringing proceedings against government officers, limitation periods, and defences/statutory regimes, all of which carefully differentiate between the States and Territories. It is a very useful reference tool, particularly for those unfamiliar with the area or the particular jurisdiction in which they find themselves. – Queensland Law Reporter – 4 December 2015 – [2015] 47 QLR

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