CIVIL LIABILITY ACT 2002 - SECT 23
Court required to inform parties of proposed award
CIVIL LIABILITY ACT 2002 - SECT 23
Court required to inform parties of proposed award
23 Court required to inform parties of proposed award
(1) The purpose of this section is to enable the court to give the parties to
proceedings a reasonable opportunity to negotiate a structured settlement.
(2) A court that decides to make an award of personal injury damages in
respect of future loss (not including interest) exceeding $100,000 must first
notify all the parties to the proceedings of the terms of the award it
proposes to make.
(3) In addition, if the court considers that the person may
be a person in need of protection, the court is to notify the NSW Trustee and
Guardian of the terms of the award it proposes to make.
(4) The notification
must set out the amount of each component part of the proposed award in
accordance with the requirements of the regulations and rules of court.
(5)
In this section--
"person in need of protection" means a person who is liable to be subject to
an order that the estate of the person be subject to management under the
NSW Trustee and Guardian Act 2009 because the person is not capable of
managing his or her own affairs.
