347 vuanslarZr ANNO VICESIMO PRIMO ELIZABETHAE SECUNDAE REGINAE No. 34 of 1972 An Act to Amend the Common Law Practice Act 1967-1970 in certain particulars [ASSENTED TO 21ST DECEMBER, 1972] BE IT ENACTED by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:- 1. Short title and citation . (1) This Act may be cited as the Common Law Practice Act Amendment Act 1972. (2) The Common Law Practice•Act 1867-1970 is in this Act referred to as the Principal Act.
348 Common Law Practice Act Amendment Act 1972, No. 34 (3) The Principal Act as amended by this Act may be cited as the Common Law Practice Act 1867-1972. 2. Repeal of and new s. 15c. The Principal Act is amended by repealing section 15c and inserting in its stead the following section:- " 15c. Exclusion of certain payments in assessment of damages. In assessing damages in respect of a person's death in any such action, whether commenced before or after the commencement of the Common Law Practice Act Amendment Act 1972, there shall not be taken into account- (a) a sum paid or payable on the death under any contract of assurance or insurance; (b) a sum paid or payable on the death under a contract made with a friendly or other benefit society, or association or trade union that is not a contract of insurance or assurance; (c) a sum paid or payable on the death out of any superannuation, provident or like fund; (d) a sum paid or payable on the death by way of pension, benefit or allowance under any law of the Common- wealth or of any State or Territory of the Common- wealth or of any other country; or (e) a gratuity in whatever form received or receivable on the death, whether any such sum or gratuity is paid or payable to or is received or receivable by the estate of the deceased person or by any person for whose benefit the action is brought.". 3. Amendment of s. 15D. Section 15D of the Principal Act is amended by- (a) in subsection (1), omitting the symbol " : " and all words comprising the proviso; (b) inserting after subsection (1) the following subsection:- " (IA) Subsection (1) does not apply to causes of action for defamation or seduction or for inducing one spouse to leave or remain apart from the other or to claims for damages on the ground of the commission of adultery."; (c) omitting subsection (2) and inserting in its stead the following subsection:- " (2) Where a cause of action survives pursuant to subsection (1) for the benefit of the estate of a deceased person, the damages recoverable in any action brought- (a) shall not include damages for pain and suffering, for any bodily or mental harm or for curtailment of expectation of…