CIVIL LAW (WRONGS) ACT 2002
Table of Provisions
CHAPTER 1--PRELIMINARY
CHAPTER 2--PROVISIONS APPLYING TO WRONGS GENERALLY
PART 2.1--GOOD SAMARITANS
- 5 Protection of good samaritans from liability
PART 2.2--VOLUNTEERS
- 6 Definitions—pt 2.2
- 7 Meaning of community work
- 8 Protection of volunteers from liability
- 9 Liability of community organisations for volunteers
- 10 Territory may assume liability of community organisations for
- 11 Directions to community organisations about insurance etc
PART 2.2A--FOOD DONORS
PART 2.3--APOLOGIES
PART 2.4--SURVIVAL OF ACTIONS ON DEATH
- 15 Effect of death on certain causes of action
- 16 Damages in surviving cause of action
- 17 If person liable dies before or at time of damage
- 18 Saving of rights additional to pt 2.4
PART 2.5--PROCEEDINGS AGAINST AND CONTRIBUTIONS BETWEEN WRONGDOERS
- 19 Definitions—pt 2.5
- 20 Each of several wrongdoers can be sued
- 21 Right of contribution
- 22 Effect of pt 2.5
CHAPTER 3--LIABILITY FOR DEATH OR INJURY
PART 3.1--WRONGFUL ACT OR OMISSION CAUSING DEATH
Division 3.1.1--Preliminary—liability for death
- 23 Definitions—pt 3.1
Division 3.1.2--Liability and damages for death
- 24 Liability for a person's death
- 25 Damages for a person's death
- 26 Amounts not taken into account in assessing damages for death
- 27 Contributory negligence not defence in relation to death
PART 3.2--MENTAL HARM
- 32 Definitions—pt 3.2
- 33 Personal injury arising from mental or nervous shock
- 34 Mental harm—duty of care
- 35 Mental harm—damages
- 36 Extensions of liability under pt 3.2 in certain cases
PART 3.3--EXCLUSION OF LIABILITY FOR TERRORISM-ASSOCIATED RISKS
CHAPTER 4--NEGLIGENCE
PART 4.1--PRELIMINARY--NEGLIGENCE
PART 4.2--DUTY OF CARE
- 42 Standard of care
- 43 Precautions against risk—general principles
- 44 Precautions against risk—other principles
PART 4.3--CAUSATION
PART 4.4--OTHER PROVISIONS--NEGLIGENCE
CHAPTER 5--PERSONAL INJURIES CLAIMS—PRE-COURT PROCEDURES
PART 5.1--PRELIMINARY--CH 5
PART 5.2--CLAIMS PROCEDURES
- 51 Notice of claim
- 51A Motor accident claims—respondent to identify and notify
- 52 Preliminary response to claimant
- 53 Acknowledgment that proper respondent not admission of liability
- 54 Respondent's response to notice of claim
- 55 Claimant may add later respondents
- 56 Multiple respondents
- 57 Respondent may add someone else as contributor
- 58 Contributor's response
- 59 Claimant's failure to give complying notice of claim
- 60 Legal disabilities
- 61 Respondent must attempt to resolve claim
- 62 Consequences of noncompliance with pt 5.2
PART 5.3--OBLIGATIONS OF PARTIES TO GIVE DOCUMENTS AND INFORMATION
- 63 Purpose—pt 5.3
- 64 Claimant to give documents etc to respondent
- 65 Respondent and claimant may jointly arrange for expert report
- 66 Cost of expert report obtained by agreement
- 67 Examination by expert if no agreement
- 68 Respondent to give documents etc to claimant
- 69 Respondent to give documents etc to contributor
- 70 Contributor to give documents to respondent
- 71 Alternative provision if more than 200 pages
PART 5.4--OTHER PROVISIONS--PRE-COURT PROCEDURES
- 72 Nondisclosure of documents etc—client legal privilege
- 73 Nondisclosure of documents etc—suspected fraud
- 74 Offence—failure to give document, film or information
- 75 Consequences of failure to give document
- 76 Privilege generally for documents etc
- 77 No requirement to give documents etc if already in other party's
- 78 Court's power to enforce compliance with pt 5.2 and pt 5.3
- 79 Need for urgent proceeding
- 80 False or misleading statements
CHAPTER 7--DAMAGES
PART 7.1--DAMAGES FOR PERSONAL INJURIES--EXCLUSIONS AND LIMITATIONS
- 92 Definitions—pt 7.1
- 93 Application—pt 7.1
- 94 Exclusion of liability if conduct an offence
- 95 Presumption of contributory negligence—injured person intoxicated
- 96 Presumption of contributory negligence—injured person relying on intoxicated
- 97 Presumption of contributory negligence—injured person not wearing seatbelt
- 98 Damages for loss of earnings
- 99 Tariffs for damages for non-economic loss
PART 7.2--LOSS OF CAPACITY TO PERFORM DOMESTIC SERVICES
- 100 Damages for loss of capacity to perform domestic services
PART 7.3--CONTRIBUTORY NEGLIGENCE
- 101 Definitions—pt 7.3
- 102 Apportionment of liability—contributory negligence
- 103 Joint wrongdoers
- 104 Claims by third parties—contributory negligence
- 105 Pleading of statutory limitation period—contributory
CHAPTER 7A--PROPORTIONATE LIABILITY
- 107A Definitions—ch 7A
- 107B Application of ch 7A—apportionable claims
- 107C Meaning of consumer claim—ch 7A
- 107D Concurrent wrongdoers
- 107E Certain wrongdoers not to have benefit of apportionment
- 107F Proportionate liability for apportionable claims
- 107G Defendant to tell claimant about concurrent wrongdoers
- 107H Contribution not recoverable from defendant
- 107I Subsequent proceeding by claimant
- 107J Including non-party concurrent wrongdoer
- 107K Ch 7A does not affect certain other liability
CHAPTER 8--LIABILITY OF PUBLIC AND OTHER AUTHORITIES
- 108 Application—ch 8
- 109 Definitions—ch 8
- 110 Principles about resources, responsibilities etc of public or other
- 111 Proceedings against public or other authorities based on breach of statutory
- 112 When public or other authority not liable for failure to exercise regulatory
- 113 Special nonfeasance protection in relation to roads etc
- 114 Exercise of function or decision to exercise does not create duty
CHAPTER 8A--INSTITUTIONAL CHILD ABUSE
PART 8A--.1 DEFINITIONS AND APPLICATION--CH 8A
- 114A Meaning of child abuse claim
- 114AA Meaning of child abuse—ch 8A
- 114B Meaning of related trust—ch 8A
- 114BA Time when child abuse etc happens
PART 8A--.2 INSTITUTIONAL CHILD ABUSE--PROCEEDINGS AGAINST UNINCORPORATED BODIES
- 114C Unincorporated bodies
- 114D Unincorporated body may nominate defendant
- 114E Court may appoint related trust as defendant
- 114F Proceedings may be commenced before nomination or appointment
- 114G Liability of trustee if nominated or appointed as defendant
- 114H Defendant may rely on defences and immunities etc
PART 8A--.3 INSTITUTIONAL CHILD ABUSE--SETTING ASIDE ABUSE SETTLEMENT AGREEMENTS
- 114I Object—pt 8A.3
- 114J Definitions—pt 8A.3
- 114K Court may set aside abuse settlement agreement
- 114L Court may also set aside other things
- 114M Effect of setting aside abuse settlement agreement
CHAPTER 9--DEFAMATION
PART 9.1--PRELIMINARY--DEFAMATION
PART 9.2--GENERAL PRINCIPLES
Division 9.2.1--Defamation and the general law
Division 9.2.2--Causes of action for defamation
- 120 Single cause of action for multiple defamatory imputations in same
- 121 Certain corporations do not have cause of action for defamation
- 122 No cause of action for defamation of, or against, deceased
- 122A Serious harm element of cause of action for defamation
Division 9.2.3--Choice of law
- 123 Choice of law for defamation proceedings
PART 9.3--RESOLUTION OF CIVIL DISPUTES WITHOUT LITIGATION
Division 9.3.1--Concerns notices and offers to make amends
- 124 Application—div 9.3.1
- 124A Concerns notices
- 124B Defamation proceedings cannot be commenced without concerns notice
- 125 Publisher may make offer to make amends
- 126 When offer to make amends may be made
- 127 Content of offer to make amends
- 128 Withdrawal of offer to make amends
- 129 Effect of acceptance of offer to make amends
- 130 Effect of failure to accept reasonable offer to make amends
- 131 Inadmissibility of evidence of certain statements and admissions
Division 9.3.2--Apologies
- 132 Effect of apology on liability for defamation
PART 9.4--LITIGATION OF CIVIL DISPUTES
Division 9.4.1--General
- 133 Leave required for multiple proceedings in relation to publication of same defamatory
Division 9.4.2--Defences
- 134 Scope of defences under general law and other law not limited
- 135 Defence of justification
- 136 Defence of contextual truth
- 137 Defence of absolute privilege
- 138 Defence for publication of public documents
- 139 Defences of fair report of proceedings of public concern
- 139AA Defence of publication of matter concerning issue of public
- 139A Defence of qualified privilege for provision of certain information
- 139AB Defence of scientific or academic peer review
- 139B Defences of honest opinion
- 139C Defence of innocent dissemination
Division 9.4.3--Remedies
- 139E Damages to bear rational relationship to harm
- 139F Damages for non-economic loss limited
- 139G State of mind of defendant generally not relevant to awarding
- 139H Exemplary or punitive damages cannot be awarded
- 139I Factors in mitigation of damages
- 139J Damages for multiple causes of action may be assessed as single sum
Division 9.4.4--Costs
- 139K Costs in defamation proceedings
PART 9.5--MISCELLANEOUS--CH 9
- 139L Proof of publication
- 139M Proof of convictions for offences
- 139N Incriminating answers, documents or things
CHAPTER 10--TRESPASS
- 141 Defence to action for trespass to land
- 142 Action for use and occupation of land—amount of damages
CHAPTER 11--MITIGATION OF STRICT LIABILITY
PART 11.1--TRAVELLER ACCOMMODATION PROVIDERS LIABILITY
Division 11.1.1--Preliminary—pt 11.1
- 143 Purpose—pt 11.1
- 144 Definitions—pt 11.1
- 145 Meaning of traveller accommodation
- 146 Meaning of accommodation provider
- 147 Meaning of innkeeper's liability
- 148 Meaning of guest
- 149 Meaning of property of guest
Division 11.1.2--Liability of accommodation providers
- 150 Application—div 11.1.2
- 151 Limitation on strict liability under innkeeper's liability
- 152 Circumstances when limitation does not apply
- 153 Safe custody facilities
- 154 Notice about pt 11.1
PART 11.2--COMMON CARRIERS
Division 11.2.1--Preliminary—common carriers
Division 11.2.2--When common law liability of carriers not affected
Division 11.2.3--Liability of common carriers for certain goods worth more than $20
- 159 Liability of carriers for certain goods worth more than $20
- 160 Notice of increased charge for transport of certain goods
- 161 Receipt of carrier for increased charge
- 162 Carrier only liable for proven amount for certain goods
Division 11.2.4--Liability of common carriers for certain animals
- 163 Definitions—div 11.2.4
- 164 Liability of carriers for certain animals
- 165 Notice of increased charge for transport of certain animals
- 166 Carrier only liable for proven amount for certain animals
Division 11.2.5--Notice, condition or declaration of carrier
- 167 Carrier liable for neglect or default despite notice etc
CHAPTER 12--OTHER LIABILITY PROVISIONS
PART 12.1--OCCUPIERS LIABILITY
- 168 Liability of occupiers
PART 12.2--LIABILITY FOR DAMAGE CAUSED BY ANIMALS
- 169 Evidence of breach of duty for animals
PART 12.3--LIABILITY FOR FIRES ACCIDENTALLY BEGUN
- 170 Actions do not lie for damage caused by accidental fires
- 171 Contract between landlord and tenant not affected
CHAPTER 13--MISREPRESENTATION
- 172 Definitions—ch 13
- 173 Removal of certain bars to rescission for misrepresentation
- 174 Damages for misrepresentation
- 175 Damages instead of rescission for misrepresentation
- 176 Exclusion clauses—misrepresentation
- 177 Misrepresentation in trade or commerce an offence
- 178 Employer etc liable for misrepresentation
- 179 Prosecutions for misrepresentation
CHAPTER 14--LIMITATIONS ON LEGAL COSTS
PART 14.1--MAXIMUM COSTS FOR CERTAIN PERSONAL INJURY DAMAGES CLAIMS
- 180 Definitions—pt 14.1
- 181 Maximum costs for claims of $50 000 or less
- 182 Costs incurred after offer of compromise not accepted
- 183 Exclusion of costs unnecessarily incurred etc
- 184 Court discretion to allow additional costs
- 185 Apportionment of costs between lawyers
PART 14.2--COSTS IN DAMAGES CLAIMS IF NO REASONABLE PROSPECTS OF SUCCESS
- 186 Definitions—pt 14.2
- 187 Application—pt 14.2
- 188 Certificate that claim or defence has reasonable prospects of success
- 189 Costs order against lawyer acting without reasonable prospects of
- 190 Onus on lawyer to show facts provided reasonable prospects of
CHAPTER 15--MISCELLANEOUS
PART 15.1--MEDIATION AND NEUTRAL EVALUATION
- 191 Purpose of pt 15.1 etc
- 192 Meaning of mediation, neutral evaluation etc
- 193 Who can be a mediator
- 194 Who can be an evaluator
- 195 Referral by tribunal for mediation or neutral evaluation
- 196 Duty of parties to take part in neutral evaluations
- 197 Costs of neutral evaluation
- 198 Agreements and arrangements arising from mediation sessions
- 199 Privilege for neutral evaluations
- 200 Secrecy by evaluators
- 201 Protection from liability for evaluators
PART 15.3--ATTACHMENT OF INSURANCE MONEY
- 206 Amount of liability charge on insurance money payable against
- 207 Enforcement of charge on insurance money
- 208 Protection of insurer for pt 15.3 charge
- 209 Certain other provisions not affected by pt 15.3
PART 15.4--ABOLITION OF CERTAIN COMMON LAW ACTIONS, RULES AND REMEDIES
- 210 Abolition of seduction, enticement and harbouring
- 211 Abolition of rule about unity of spouses
- 212 Abolition of action of cattle-trespass
- 213 Abolition of distress damage feasant
- 214 Abolition of rules relating exclusively to liability for damage by
- 215 Partial abolition of rule in Rylands v Fletcher
- 216 Abolition of rule of common employment
- 217 Abolition of husband's liability for wife's torts and premarital
- 218 Abolition of action for loss of consortium
- 219 Abolition of rule in Cavalier v Pope
- 220 Partial abolition of Mocambique rule
- 221 Abolition of torts of maintenance and champerty