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NSW Public Health Bulletin archive

Litigation and its current role in tobacco regulation in Australia Volume 15 Issue 5-6

Jonathan Liberman

New South Wales Public Health Bulletin 15(6) 102 - 103 Published: 2004

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Jonathan Liberman


Litigation plays an important role in tobacco control, both
in Australia and overseas. Though it is often portrayed as
being about no more than a battle between a plaintiff and
a defendant over money, litigation in fact performs a major
regulatory function.
While litigation can take many forms—such as a damages
claim by a private individual, a criminal prosecution by
the state, or enforcement of legislation by a statutory
agency such as the Australian Competition and Consumer
Commission—a court will only find for a plaintiff if a
defendant is found to have acted unlawfully or breached
a legal obligation.