Gray v Motor Accidents Commission (1998) 196 CLR 1 resolved that the most appropriate arena for the punishment of individual wrongdoing resides within the Australian criminal law. The consequence of this decision is that wrongful acts may no longer give rise to exemplary damages in tort where a...

A significant line of authority currently prohibits the consideration of family victim impact statements in NSW homicide cases. R v Previtera (1997) 94 A Crim R 76 makes this prohibition on the basis that family statements jeopardise a court's objectivity by according greater value to the life...