Common Law Practice Act Amendment Act 1978 (Qld)

tyuzenslaub 733 ANNO VICESIMO SEPTIMO ELIZABETHAE SECUNDAE REGINAE No. 84 of 1978 An Act to amend the Common Law Practice Act 1867-1977 in a certain particular and for related purposes [ASSENTED TO 15TH DECEMBER, 19781 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 1978. (2) In this Act the Common Law Practice Act 1867-1977 is referred to as the Principal Act. (3) The Principal Act as amended by this Act may be cited as the Common Law Practice Act 1867-1978. 2. New s. 4. The Principal Act is amended by inserting after section 3 the following heading and section:- " ASSESSMENT OF DAMAGES 4. Loss of earnings and future earnings . Where in relation to a claim for damages for deprivation or impairment of earning capacity, for wrongful dismissal or for other personal injury it becomes material to assess such damages having regard to loss of earnings or of future probable earnings there shall be taken into account in reduction of the sum assessed such amount as is reasonably considered. to be the amount that would have been payable as income tax by reason of the receipt of such earnings by the person who has suffered loss of the same, had he received them.".

734 Common Law Practice Act Amendment Act 1978, No. 84 3. Application of Common Law Practice Act to existing causes of action . Subject to section 4 of this Act, it shall be deemed that the law prescribed by section 4 of the Common Law Practice Act 1967-1978 was always the law governing the assessment of damages, such as are referred to in that section of that Act, having regard to loss of earnings or of future probable earnings. 4. Certain entitlements exempt from application of Common Law Practice Act. (1) Notwithstanding section 3, section 4 of the Common Law Practice Act 1967-1978 shall not affect an entitlement to damages adjudged or agreed before the passing of this Act to be payable and assessed having regard to loss of earnings or future probable earnings if the assessment of such damages was made otherwise than in accordance with the said section 4 and was made in or in relation to proceedings which, at the passing of this Act, are finally concluded. (2) For the purposes of this section, proceedings shall be taken to be finally concluded if- (a) at the passing of this Act, that part of any order made therein or of any agreement made. in relation thereto that requires payment of damages assessed having regard to loss of earnings or of future probable earnings has been satisfied by payment to the person entitled to such damages or to an agent of that person; or (b) at the passing of this Act, the party thereto who is required by any order made therein to pay damages assessed having regard to loss of earnings or of future probable earnings has exhausted his right to challenge by way of appeal the method of assessment of such damages.