In civil proceedings for battery arising from domestic violence, the [name withheld] standard does not require corroboration of the plaintiff's account by forensic evidence where the account is otherwise cogent and supported by circumstantial evidence. A prior criminal acquittal does not preclude a civil finding of liability. Emotional support provided to a plaintiff suffering a diagnosed psychological injury can constitute gratuitous services under s 59 of the Civil Liability Act 2003 (Qld), following Pel-Air Aviation v [name withheld]. Aggravated damages may be awarded where the defendant's conduct of the defence, including attempting to run an unpleaded fabrication case, exacerbates the plaintiff's psychological injury. Exemplary damages may be awarded where the defendant has not been criminally punished due to acquittal.
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