Kirby J states in Ruddock v Taylor (2005) 222 CLR 612
“Wrongful imprisonment is a tort of strict liability. Lack of fault, in the sense of absence of faith is irrelevant to the existence of the wrong. This is because the focus of this civil wrong is on the vindication of liberty and wrongdoing on the part of the defendant. A plantiff who proves that his or her imprisonment was caused by the defendant therefore has a prima facie case. At common law it is the defendant who must then show lawful justification for his or her actions”
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