LAW REFORM ACT 1995 - SECT 21 Amendments about contributory negligence to have retrospective effect

LAW REFORM ACT 1995 - SECT 21

21 Amendments about contributory negligence to have retrospective effect

(1) The provisions of part 3 , divisions 1 and 3 apply to a wrong that happened before the commencement as if the provisions, in their form as amended by the amending Act, had been in force when the wrong happened.

(2) However, the provisions, as in force before the commencement, continue to apply to a wrong if any of the following apply—

(a) the wrong relates to a WorkCover damages injury sustained before 1 July 2001 for which final relief has not been granted by a court before the commencement;

(b) a proceeding about the wrong—

(i) was started before the commencement; and

(ii) final relief has not been granted by the court before the commencement;

(c) a court has, before the commencement, granted final relief for the wrong;

(d) the persons responsible for the damage have, before the commencement, entered into an agreement to settle claims arising from the wrong, including an agreement about liability only.

(3) Subsection (2) (a) applies whether or not a proceeding has been started about the wrong.

(4) For a proceeding for subsection (2) (a) or (b) , any rule, regulation or other law that would have been applicable to the proceeding had the amending Act not been enacted continues to apply to the proceeding as if the amending Act had not been enacted.

(5) In this section—


"amending Act" means the Law Reform (Contributory Negligence) Amendment Act 2001 .


"commencement" means the commencement of this section.


"final relief" , for a wrong, means a judgment or decision about the wrong, including a judgment or decision about liability only, whether or not an appeal has been made against the judgment or decision.


"proceeding" means a proceeding before a court.


"WorkCover damages injury" means an injury within the meaning of the WorkCover Queensland Act 1996 for which the injured person has an entitlement to damages under that Act.