Common Law Practice Act Amendment Act of 1940 (4 Geo Vi No. 6) (Qld)

17974 PRACTICE. Common Law Practice Act Amendment Act. 4 GEO. VI. No. 6. PRACTICE. 4 G N E o O . . 6 V . I. An Act to Amend the" Common Law Practice Act THE COMMON of 1867" in regard to the Law as to the LAW PRACTICE ACT AMENDMENT Effect of Death in relation to Causes of ACT OF 1940. Action. [ASSENTED TO 16TH OCTOBER, 1940.] B E it enacted by the King's Most Excellent Majesty ~ by and with the advice and consent of the Legis- lative Assembly of Queensland in Parliament assembled~ and by the authority of the same, as follows :- Short title. 1. This Act may be cited as "The Common Law Practice Act Amendment Act of 1940," and shall be read as one with the *" Common Law Practice Act of 1867" as amended by t" The Sale of Goods Act of 1896," t" The Acts Shortening Act Amendment Act of 1903," §" The Statute Law Revision Act of 1908," and 11" The Common Law Practice Act Amendment Act of 1915." ! Collective title. The *" Common Law Practice Act of 1867" as amended by the Acts hereinbefore referred to and this Act may be collectively cited as "The Common Law Practice Acts, 1867 to 1940." New s. 15D. 2. The following new section numbered 15D is inserted after section 15c of the *" Common Law Practice Act of 1867," namely :- Effect of death on certain causes of action. "[15D.] (1.) Subject to the provisions of this section, on the death of any person after the passing of ~ " The Common Law Practice Act Amendment Act of 1940" ~ all causes of action subsisting against or vested in him shall survive against or, as the case may be, for the benefit of his estate: Provided that this subsection shall not apply to causes of action for defamation or seduction or for inducing one spouse to leave or remain apart from the * 31 Vic. No. 17, 8upra, page 2345. t 60 Vic. No. 6, 8upra, page 2159. :j: 3 Edw. VII. No. 10, 8upra, page 21. § 8 Edw. VII. No. 18, 8upra, page 31. 11 6 Geo. V. No. 22, BUpra, page 6990. 'If This Act.

PRACTICE. 1940. Common Law Practice Act Amendment lAct. other or to claims under section twenty-eight of *" The Matrimonial Causes Acts, 1864 to 1931, for damages on the ground of adultery. (2.) Where a cause of action survives as aforesaid for the benefit of the estate of a deceased person, the damages recoverable for the benefit of the estate of that person— (a) Shall not include exemplary damages; (b) In the case of a breach of promise to marry, shall be limited to such damage (if any) to the estate of that person as flows from the breach of promise to marry; (c) Where the death of that person has been caused by the act or omission which gives rise to the cause of action, shall be calculated without reference to any loss or gain to his estate consequent on his death, except that a sum in respect of medical and funeral expenses may be included unless such expenses are payable from moneys accruing, for the purpose of paying such expenses, to the estate of the deceased person consequent upon his death. (3.) No proceedings shall be maintainable in respect of a cause of action in tort which by virtue of this section has survived against the estate of a deceased person, unless either— (a) Proceedings against him in respect of that cause of action were pending at the date of his death; or (b) The cause of action arose not earlier than six months before his death and proceedings are taken in respect thereof not later than six months after his personal representative took out representation. (4.) Where damage has been suffered by reason of any act or omission in respect of which a cause of action would have subsisted against any person if that person had not died before or at the same time as the damage was suffered, there shall be deemed, for the purposes of this section, to have been subsisting against him before his death such cause of action in respect of that act or omission as would have subsisted if he had died after the damage was suffered. * 28 Vic. No. 29 and amending Acts, supra, pages 20577 et seq." 17975

17976 PRACTICE-PRIMARY PRODUCE. Fruit Marketirng Orgarnisatiorn, Etc., Act. 4 GEO. VI. No. 12, (5.) The rights conferred by this section for the benefit of the estates of deceased persons shall be in addition to and not in derogation of any rights conferred on the dependants of deceased persons by any other provision of this Act, and so much of this section as relates to causes of action against the estates of deceased persons shall apply in relation to causes of action under any such other provision of this Act as it applies in relation to other causes of action not expressly excepted from the operation of subsection one of this section." PRIMARY PRODUCE. 4 N G o E . O 1 . 2 V . I. An Act to Amend "The Fruit Marketing Organisa- F T R H U E IT tion Acts, 1923 to 1934," in certain MARKETING ORGANISATION AOTS particulars, and for another purpose. AMENDMENT AOT 011 1940. [ASSENTED TO 31ST OCTOBER, 1940.] B E it enacted by the King's Most Excellent Majesty, by and with the advice and consent of the Legis- lative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:- Short title 1. This Act may be cited as " The Fruit Marketing ::atruotion. Organisation Acts Amendment Act of 1940," and shall be read as one with *" The Fruit Marketing Organisation Acts, 1923 to 1934," herein referred to as the Principal Act. tCitollele. otive citedTahse " Pr T in h c e ip F a r l u A it ct M a a n r d ke t t h in i g s A O c r t ga m ni a s y at b io e n c A ol c l t e s c , ti 1 v 9 e 2 ly 3 to 1940." Piinnotvweeresetrsti t . n o free (and 2 i . t TishehCeroembmy idtteecelaorfeDd iraelwctaioyns iws hasereabuythaouritsheodr)isetod loan. lend moneys to the Commonwealth of Australia by way of interest-free loan : Provided that no such loan shall be for a period longer than the duration of the present war and six months thereafter. * 14 Geo. V. No. 39 and amending Acts, supra, pages 10766 et aeq.