| Hehir v Smith
 QSC 92 (Wilson J)
- appeal from tribunal where an amount for aggravated damages was awarded — grounds of appeal included, inter alia, the quantum of damages
- error of principle in the application of the distinction between exemplary damages and aggravated damages — the tribunal made findings of reprehensible conduct which might perhaps have warranted punishment, rather than findings of the infliction of hurt, insult and humiliation — error in law in awarding aggravated damages — see para 
- anti-discrimination proceedings are legally of a different character to proceedings brought in tort — see para .
| Hall v Sheiban
(1989) 20 FCR 217 (Lockhart J)
- aggravated damages may be awarded in discrimination cases
- cited with approval authority to the effect that aggravated damages might be awarded where a defendant behaved
high handedly, maliciously, insultingly or oppressively in committing the act of discrimination
- the circumstances in which the conduct occurred may also give rise to an element of aggravation, such as that of employee and employer
it is fundamental that an award of a larger amount of damages by way of aggravated damages serves to compensate the victim on the damage occasioned by the defendant's conduct and not to punish the defendant.
| Edwards v Hillier & Educang Ltd
 QADT 34 (President Dalton SC)
- section 209(1) of the AD Act does not give the tribunal power to award exemplary damages
- the power is to compensate, not to punish
- aggravated damages are in theory regarded as compensatory.
| Lee v Smith
 FMCA 59 (Connolly FM)
- significant pain, suffering, hurt and humiliation suffered for 5 or 6 years
- $100,000 relatively modest sum
- substantial injury caused by sexual harassment culminating in rape, made worse by victimisation because of making a complaint.
| Carey v Cairns Regional Council
 QCAT (Member Roney SC)
- dismissal because of political belief or activity
- dismissal was a very public event and subject of media coverage, although little evidence to suggest loss of reputation — $30,000 general compensation.
On appeal –
Cairns Regional Council v Carey
 QCATA 150 (J Thomas AM QC, Senior Member Endicott)
- grounds of appeal included the assessment of future economic loss, future medical expenses, and general compensation
- future economic loss must be based on loss of chance to obtain extension of contract of employment — very slight at best — the award of $50,000 was grossly excessive on the evidence — reduced to $10,000
- same criticism of award of $6,000 for future medical expenses — claim not made out on evidence
- evidence of stress and embarrassment due to dismissal — the award of $30,000 was within the discretion of Member.
| Gray v Queensland Rail
 QADT 3 (Member Pope)
- correct way to approach assessment of damages envisaged by s 209(1)(b) is to compare the position in which the complainant might have expected to be if the discriminatory conduct had not occurred, with the situation in which the complainant is now placed by reason of the conduct
- relief must include proper compensation for the loss and damage cause by the contravention
- in assessment of general damages, take into account any personal injury (in the proper sense) suffered because of the discriminatory conduct, together with damages akin to those awarded in a defamation case
- complainant only has to act reasonably in mitigating loss
- onus on the respondent to prove that the complainant acted unreasonably, and failed to mitigate
- in this case, not reasonable for the complainant to endure consequences of unlawful conduct (as opposed to taking voluntary retirement as he did) pending a determination of his rights.
| Barney v State of Queensland
 QCAT 695 (Member Suthers)
- damages for racial discrimination at work — major depressive episode
- principles similar to those for assessment of damages in tort 
- general damages assessed at $55,000 — discounted by 30% for other causes to $40,000.
On appeal –
State of Queensland v Barney
 QCATA 104 (A Wilson J, Senior Member Oliver)
- causal connection between illness and offending acts was addressed by the tribunal and the same temporal connection was found — that finding was open on the evidence — finding of significant cause was open — decision to reduce by 30% was unexceptionable.
| Richardson v Oracle Corporation Australia Pty Ltd
 FCAFC 82 (Kenny, Besanko and Perram JJ)
- damages for non-economic loss for sexual harassment increased from $18,000 to $100,000
- assessment of non-economic loss is not to be determined by an accepted
range but rather by the nature and extent of the person's injuries and prevailing community standards
- community standards now accord a higher value to compensation for pain and suffering and loss of enjoyment of life than before.
| McCauley v Club Resort Holdings Pty Ltd (No. 2 )
 QCAT 243 (Member Gordon)
- remoteness of damage
loss or damage caused by the contravention in section 209(1)(b) — common law test of remoteness does not apply, but as the tribunal must make an award that is
appropriate , there is scope to adjust award once the loss or damage caused by the contravention is ascertained — the result might achieve same or similar result as remoteness test
- correct test for causation — the
but for test is a useful tool to demonstrate what is not caused by the contravention — conduct
materially contributes to loss and damage
- principle for awarding interest: the reason for an award of interest is to compensate for the loss or detriment which is suffered by being kept out of the money during the relevant period — awarding interest on non-financial loss assessed at its correct amount at the date of the hearing will over compensate a complainant and would therefore not be appropriate within the meaning of that word in section 209(1)(b).
Green v State of Queensland  QCAT 008
- discussion on how QCAT should assess damages in light of the 2014 decision of the Full Court of the Federal Court in Richardson v Oracle
- cases citing Richardson examined
- consistency in awards is important, and required under the QCAT Act
- where there is a recognisable personal injury, QCAT should continue the approach of consistency with Queensland Court awards in personal injury cases
- where there is no recognisable personal injury, and therefore no comparable Queensland awards, QCAT can be influenced by Richardson to increase level of awards if it is appropriate to do so
- when considering previous awards, those awards should be adjusted for inflation
- interest on non-financial loss should be awarded unless there is a proper reason for not doing so, though not at a commercial rate