Version No. 129
Wrongs Act 1958
No. 6420 of 1958
Version incorporating amendments as at
18 November 2024
TABLE OF PROVISIONS
Section Page
1Short title and commencement
2Repeals and savings
2AOffences under this Act deemed to be indictable offences
Part I—Criminal defamation and the reporting of court proceedings
4No action maintainable against a person for faithfully reporting
9Publishing any libel with intent to extort money
10Publisher of false defamatory libel
11Trial for defamatory libel
13Costs
13AATransitional
Part IA—Publishers
13AApplication of Part
13BDefinitions
13CIdentification of publisher
13DTransitional provisions
Part II—Seduction
14Proof of loss of service in actions of seduction unnecessary
Part IIA—Occupiers' liability
14ADefinitions
14BLiability of occupiers
14CLiability of Crown
14DApplication of Part V
14ETransitional
Part IIB—Negligence—intoxication and illegal activity
14FCommon law
14GConsideration of intoxication and illegal activity
14HApplication
Part IIC—Apologies
14IDefinitions
14JApology not admission of liability
14KReduction or waiver of fees
14LApplication
Part III—Wrongful act or neglect causing death
16Liability for death caused wrongfully
17Action for death caused wrongfully
18Action for damages by persons interested
19Assessment of damages
19ALimitation on damages for loss of gratuitous care
19BCalculation of damages for gratuitous care
19CApplication of sections 19A and 19B
20Application to court as to cause of action under this Part
21Particulars of demand
22Payment into court
23Mental or nervous shock
23AARegulations
23ABSupreme Court—limitation of jurisdiction
23ACTransitional for gratuitous care
23ADSupreme Court—limitation of jurisdiction
23AETransitional for assessment of damages
Part IV—Contribution
23ADefinitions
23BEntitlement to contribution
24Recovery of contribution
24AAAWhen employer not liable to indemnify third party in relation to an injury
24AAProceedings against persons jointly liable for the same debt or damage
24ABSuccessive actions against persons liable (jointly or otherwise) for the same damage
24ACApplication to the Crown
24ADSavings
24ADATransitional and validating for Part IV—Justice Legislation Amendment Act 2023
Part IVAA—Proportionate liability
24AEDefinitions
24AFApplication of Part
24AGWhat claims are excluded from this Part?
24AHWho is a concurrent wrongdoer?
24AIProportionate liability for apportionable claims
24AJContribution not recoverable from defendant
24AKSubsequent actions
24ALJoining non-party concurrent wrongdoer in the action
24AMWhat if a defendant is fraudulent?
24ANLiability for contributory negligence not affected
24AOEffect of Part IV
24APPart not to affect other liability
24AQSupreme Court—limitation of jurisdiction
24ARRegulations
24ASTransitional
Part IVA—Abolition of doctrine of common employment
24AAbolition of doctrine of common employment
Part V—Contributory negligence
25Definitions
26Liability for contributory negligence
27Supreme Court—limitation of jurisdiction
28Non-application of this Part
28AATransitional provision
28AABTransitional and validating for Part V—Justice Legislation Amendment Act 2023
Part VA—Assessment of damages
28ADamages for deprivation or impairment of earning capacity
Part VB—Personal injury damages
28BDefinitions
28CApplication of Part
28DGeneral regulation of court awards
28EPart does not give rise to any cause of action
28FDamages for past or future economic loss—maximum for loss of earnings etc.
28GFixing damages for non-economic loss
28HIndexation of certain amounts—consumer price index
28HAAIndexation—no reduction
28HAABIndexation—rounding
28HATariffs for damages for non-economic loss
28IDamages for future economic loss—discount rate
28IALimitation on damages for gratuitous attendant care
28IBCalculation of damages
28ICOther laws not to be affected
28IDCourt may award damages for loss of capacity to provide gratuitous care to dependants
28IECalculation of damages…