An Act to make provision in relation to the recovery of damages for death or personal injury caused by the fault of a person; to amend the Legal Profession Act 1987 in relation to costs in civil claims; and for other purposes.
This Act is the Civil Liability Act 2002.
This Act is taken to have commenced on 20 March 2002.
In this Act—
(a) any payment authorised or required to be made under a State industrial instrument, or
(b) any payment authorised or required to be made under a superannuation scheme, or
(c) any payment authorised or required to be made under an insurance policy in respect of the death of, injury to or damage suffered by the person insured under the policy.
(a) pain and suffering,
(b) loss of amenities of life,
(c) loss of expectation of life,
(d) disfigurement.
The Interpretation Act 1987 contains definitions and other provisions that affect the interpretation and application of this Act.
A provision of this Act that gives protection from civil liability does not limit the protection from liability given by another provision of this Act or by another Act or law.
This Act (except Part 2) does not prevent the parties to a contract from making express provision for their rights, obligations and liabilities under the contract with respect to any matter to which this Act applies and does not limit or otherwise affect the operation of any such express provision.
Subsection (2) extends to any provision of this Act even if the provision applies to liability in contract.
The provisions of this Act do not apply to or in respect of civil liability (and awards of damages in those proceedings) as follows—
(a) civil liability of a person in respect of an intentional act that is done by the person with intent to cause injury or death…