Journal article

Lewis v Australian Capital Territory: Valuing Freedom

Jason Varuhas

SYDNEY LAW REVIEW | Sydney Law School | Published : 2020

Abstract

It has long been a principle of the common law that where basic rights in person, liberty and property are infringed, such violations will be met with an award of substantial damages. This approach to damages has served to strongly protect and vindicate the importance of these basic rights, especially in the face of unlawful action by government. However, this longstanding tradition is now in jeopardy. Lower courts in Australia have begun to deny awards for significant breaches of the right to liberty on the basis that, albeit the public defendant unlawfully detained the plaintiff, the defendant could and would have otherwise detained the plaintiff lawfully. In Lewis v Australian Capital Ter..

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University of Melbourne Researchers