South Australian Consolidated Acts

CIVIL LIABILITY ACT 1936 - SECT 58

58—Damages in respect of gratuitous services

        (1)         Damages are not to be awarded—

            (a)         to allow for the recompense of gratuitous services except services of a parent, spouse, domestic partner or child of the injured person; or

            (b)         to allow for the reimbursement of expenses, other than reasonable out-of-pocket expenses, voluntarily incurred, or to be voluntarily incurred, by a person rendering gratuitous services to the injured person.

        (2)         Damages awarded to allow for the recompense of gratuitous services of a parent, spouse, domestic partner or child are not to exceed an amount equivalent to 4 times State average weekly earnings.

        (3)         However, the court may make an award in excess of the limit prescribed by subsection (2) if satisfied that—

            (a)         the gratuitous services are reasonably required by the injured person; and

            (b)         it would be necessary, if the services were not provided gratuitously by a parent, spouse, domestic partner or child of the injured person to engage another person to provide the services for remuneration,

but, in that event, the damages awarded are not to reflect a rate of remuneration for the person providing the services in excess of State average weekly earnings.