This paper gives an account of recent developments in respect of the penalty rule in Australia and England, before going on to explore two unresolved questions. The first is whether Australian law recognises two jurisdictions to relieve against penalties – one in equity and another at common law – or instead a unitary penalty doctrine. The second is the important question of how the recent developments are playing out ‘on the ground’.
Eldridge, John, The New Law of Penalties: Mapping the Terrain (September 19, 2018). Journal of Business Law  forthcoming; Sydney Law School Research Paper No 18/56.