Restriction on damages for non-economic lossĢ6I. Future economic loss-assumption about release on paroleĭivision 4 - Damages for non-economic loss 26H. Damages for past or future loss of earningsĢ6G. No damages unless permanent impairment of at least 15%ĭivision 3 - Damages for economic loss 26E. Dismissal of court proceedings for failure to give notice or co-operate on claimĭivision 2 - Damages subject to 15% permanent impairment threshold 26C. Claimant must comply with requests for informationĢ6BD. Protected defendant must be given notice of incident giving rise to claimĢ6BB. Application of Partĭivision 1A - Duties of claimant for offender damages 26BA. PART 2A - SPECIAL PROVISIONS FOR OFFENDERS IN CUSTODY Division 1 - Preliminary 26A. Offer of structured settlement-legal costs Obligation of Australian legal practitioners to provide adviceĢ6. Court may make consent order for structured settlementĢ5. Court required to inform parties of proposed awardĢ4. Limitation on exemplary, punitive and aggravated damagesĭivision 7 - Structured settlements 22. Third party contributionsĭivision 6 - Exemplary and similar damages 21. Interest on damagesĭivision 5 - Third party contributions 19. Tariffs for damages for non-economic lossĭivision 4 - Interest on damages 18. Indexation of maximum amount relating to non-economic lossġ7A. Determination of damages for non-economic lossġ7. Damages for loss of superannuation entitlementsĭivision 3 - Fixing damages for non-economic loss (general damages) 16. Damages for loss of capacity to provide domestic servicesġ5C. Damages for gratuitous attendant care services: dust-related conditionsġ5B. Damages for gratuitous attendant care services: generalġ5A. Damages for future economic loss-discount rateġ5. Future economic loss-claimant's prospects and adjustmentsġ4. Damages for past or future economic loss-maximum for loss of earnings etcġ3. PART 2 - PERSONAL INJURY DAMAGES Division 1 - Preliminaryĭivision 2 - Fixing damages for economic loss 12. Effect of setting aside affected agreement Court may set aside affected agreementħE. PART 1C - CHILD ABUSE-SETTING ASIDE SETTLEMENTS 7A. Special provisions applying when trustees of associated trust appointed Effect of appointment of proper defendantĦP. Entities suitable to be appointed as proper defendantĦO. Unincorporated organisation may appoint proper defendantĦM. Child abuse proceedings may be commenced against unincorporated organisationĦL. Organisations vicariously liable for child abuse perpetrated by employeesĭivision 4 - Proceedings against unincorporated organisations 6I. Employees include persons exercising functions akin to employeesĦH. Liability of organisation for child abuse by associated individualsĭivision 3 - Vicarious liability of organisations 6G. Individuals who are associated with organisationsĦF. Organisations that are responsible for a childĦE. Application of Partĭivision 2 - Duty of organisations to prevent child abuse 6D. PART 1B - CHILD ABUSE-LIABILITY OF ORGANISATIONS Division 1 - Preliminary 6A. Contributory negligence-claims under the Compensation to Relatives Act 1897 Contributory negligence can defeat claimĥT. Liability based on non-delegable dutyĭivision 8 - Contributory negligence 5R. Division does not apply to duty to warn of riskĭivision 7 - Non-delegable duties and vicarious liability 5Q.
#Cla 2a vs urs professional#
Waiver of contractual duty of care for recreational activitiesĭivision 6 - Professional negligence 5O. No duty of care for recreational activity where risk warningĥN. No liability for harm suffered from obvious risks of dangerous recreational activitiesĥM. No liability for materialisation of inherent risk Division 5 - Recreational activities 5J. No proactive duty to warn of obvious risk 5I. Injured persons presumed to be aware of obvious risks 5H. General principlesĭivision 4 - Assumption of risk 5F. General principlesĭivision 3 - Causation 5D. Application of Partĭivision 2 - Duty of care 5B. PART 1A - NEGLIGENCE Division 1 - Preliminary 5. Act operates to exclude or limit vicarious liability Provisions relating to operation of ActģC. TABLE OF PROVISIONS Long Title PART 1 - PRELIMINARY 1. CIVIL LIABILITY ACT 2002 - As at 18 November 2021 - Act 22 of 2002