Civil Liability Legislation Comparative Table

Transcription

1 Relevant Act/s Civil Law Wrongs Act 1958 (Wrongs) Act (Liability for 2003, 1936 Legal Profession Act 2004 s) Act Proceedings Act Commencement 1/11/ CLA - 20/3/ 1/5/2003 CLA 9/4/2003 1/5/2004 1/1/ /10/ 1/1/2003 of Act LPA 1/10/2005 or 2/12/ PIPA 2/12/ Cap on cap court is prior prior prior As at 2011 cap court is As at 1/7/11 cap Impairment for General s guided by earlier decisions to 1/10/2009 see Civil Liability (n-economic Loss) Order 2010 r 3. to 1/10/2009 see the rthern Territory Government Gazette. to 1/7/2010 $ $ (indexed annually in accordance with s 52) guided by earlier decisions $472500, indexed annually in accordance with s 28G 1/10/2009 and 1/10/2009 and 1/7/2010 and 30/9/ /9/ /6/11 $ $ $ Carter Newell 2017

2 1/10/2010 and 1/10/2010 and 1/7/2011 and 30/9/ /9/ /6/2012 $ $ $ after 1/7/2012-1/10/2011 and 1/10/2011 and $ /9/ /9/2012 $ $ after 1/10/2012 $ Threshold of The severity of award unless minimum Injured party s award if The plaintiff must award if General the loss must be the whole person ability to lead a damages are have suffered a damages are s at least 15% of impairment is normal life was assessed at < significant injury assessed at < the most less than 5% significantly $4000. (5% permanent $ Where extreme case impaired for 7 days or medical expenses exceed the prescribed minimum. Where $4000 to $20000 award is calculated: Award = 1.25 x (amount impairment or 10% if psychiatric) $18001 to $55000, award is calculated as: Assessment $18000 = award. Where Carter Newell 2017

3 assessed - $55001 to $4000). $73000, award is Where >$20000, award is equal to that amount. calculated as: assessment ($18000 (award $55000)). Cap on Past after Economic Loss award capped at $2.2 million with increases in accordance with CPI for following years Cap on Future award for 1 st Economic Loss week of at the date of the at the date of the incapacity and award. award. total award cannot exceed prescribed maximum (ss 3, 54) Carter Newell 2017

4 Discount Rate ne 5% 5% 5% 5% 5% 5% 6% Cap on An amount equal An amount equal 4 x State Gratuitous to Average to Average Services Weekly Earnings Weekly Earnings, or more if the injured person has to engage a carer Threshold on $5000 Gratuitous Services Minimum minimum minimum minimum reduction for reduction reduction contributory negligence - Intoxication Legal Costs Threshold ne Nil costs for damages less than $38390 ne ne ne ne Carter Newell 2017

5 Cap For damages of For damages of ne s for an ne ne cap, however ne less than less than injury on/after practitioners are $50000, 20% of $100000, 20% of 1/7/2012: under a duty to the amount recovered or $ the amount recovered or $ For a District Court trial after a failed arbitration, an additional 15% or $7500. Up to $40460 Nil. From $40461 to $ $3380. prior to this date, see Proceedings Act ensure that costs are reasonable and proportionate to the complexity of the matter., s 13. The material contained in this publication is in the nature of general comment only, and neither purports nor is intended, to be advice on any particular matter. reader should act on the basis of any matter contained in this publication without considering and, if necessary, taking appropriate professional advice upon his or her own particular circumstances Carter Newell 2017