Civil Liability Amendment Act 2013 (TAS)

The Civil Liability Amendment Act 2013 (TAS) was passed by the Parliament of Tasmania and received Royal Assent on 6 November 2013. The Act amends the Civil Liability Act 2002 (TAS) to introduce new provisions for provisional damages for dust-related diseases, damages for the loss of capacity to provide gratuitous services to another, and to repeal certain provisions of the Civil Liability Act 2002. The Act applies to causes of action accrued and actions commenced before or after its commencement, subject to certain exceptions. The Act also binds the Crown in right of Tasmania and, so far as the legislative power of Parliament permits, in all its other capacities.

The court was required to interpret and apply the provisions of the Civil Liability Amendment Act 2013 (TAS) to determine the scope and effect of the new provisions. The court had to consider the meaning and application of the provisions relating to provisional damages for dust-related diseases, damages for the loss of capacity to provide gratuitous services to another, and the exceptions to the application of the Act. The court also had to consider the effect of the Act on existing causes of action and actions.

The court held that the provisions of the Civil Liability Amendment Act 2013 (TAS) should be interpreted in accordance with their plain meaning and purpose. The court held that the provisions relating to provisional damages for dust-related diseases and damages for the loss of capacity to provide gratuitous services to another should be applied to causes of action accrued and actions commenced before the commencement of the Act, subject to certain exceptions. The court held that the exceptions to the application of the Act should be narrowly construed and that the Act should not be applied retrospectively to causes of action accrued or actions commenced before the commencement of the Act if the hearing of the action had commenced, damages had been awarded, or a settlement had been reached before the commencement of the Act. The court held that the provisions of the Act relating to the repeal of certain provisions of the Civil Liability Act 2002 should be applied to causes of action accrued and actions commenced before the commencement of the Act.

The Civil Liability Amendment Act 2013 (TAS) is repealed on the three hundred and sixty fifth day from the day on which all of the provisions of the Act commence.