Public misfeasance: What has intent got to do with it? (Part 1)

Misfeasance in public office is an uncommon tort. Historically, so long as a public officer acted within the scope of their authority, the intention behind enforcing a regulation would not be considered by a court in a claim for public misfeasance.

In a recent decision by the Full Federal Court,¹ however, uncertainty has arisen as to whether the authorised enforcement of a regulation by a public officer, done in a malicious way, could in fact be considered a tort and potentially lead to a claim for damages.

The question of a public officer's intent when enforcing a regulation has now been referred to the High Court for its consideration.

The circumstances resulting in the claim of public misfeasance