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ARTICLE · 03 MARCH 2023

Punitive damages: What are they?

Punitive or exemplary damages are viewed as punishment and may be granted at the court's discretion.

AustraliaLitigation, Mediation & Arbitration

Punitive damages or exemplary damages are awarded in addition to actual damages in civil disputes. Exemplary damages are viewed as punishment and are frequently granted at the court's discretion. However, this will only apply when the defendant's actions have caused a particularly great injury to a plaintiff (the party who brings a case to court).

Damages are typically utilised to make up for a party's loss during a case. Punitive damages go beyond compensating the aggrieved party. They are specifically designed to punish defendants whose conduct is considered grossly negligent or intentional. Punitive damages are also referred to as exemplary damages as they are intended to set an example to deter others from committing similar acts.

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