Litigation and its current role in tobacco regulation in Australia

Abstract

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.