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.