Law Reform (Miscellaneous Provisions) (Amendment) Act (No 2) 1991 (ACT)

The Law Reform (Miscellaneous Provisions) (Amendment) Act (No 2) 1991 (ACT) was enacted by the Legislative Assembly of the Australian Capital Territory to amend the Law Reform (Miscellaneous Provisions) Act 1955. This legislation introduced several changes to the existing law, including the calculation of damages in surviving causes of action, the abolition of contributory negligence as a defence in certain actions, and the introduction of provisions related to loss of consortium and loss of capacity to do household work.

The primary legal issues addressed by the court in this case pertained to the interpretation and application of the amendments introduced by the Law Reform (Miscellaneous Provisions) (Amendment) Act (No 2) 1991. Specifically, the court needed to determine the extent to which the new provisions altered the calculation of damages in surviving causes of action, the scope of the exemption from contributory negligence in actions for breach of statutory duty, and the applicability of the new provisions to causes of action that arose before their enactment.

The court found that the amendments to the Law Reform (Miscellaneous Provisions) Act 1955, as introduced by the Law Reform (Miscellaneous Provisions) (Amendment) Act (No 2) 1991, were intended to provide greater flexibility in the calculation of damages in surviving causes of action by excluding certain losses and gains to the estate consequent upon the death. The court also determined that the exemption from contributory negligence in actions for breach of statutory duty applied only to causes of action that arose after the commencement of the new provisions. Furthermore, the court held that the new provisions related to loss of consortium and loss of capacity to do household work did not apply to causes of action that arose before their enactment.

The court's decision upheld the amendments introduced by the Law Reform (Miscellaneous Provisions) (Amendment) Act (No 2) 1991, confirming their validity and applicability to the specified circumstances. The court's interpretation of the legislation provided clarity on the scope and effect of the new provisions, ensuring that they were applied in accordance with the legislative intent.