Victorian Consolidated Legislation

Wrongs Act 1958 - SECT 28ID

Limitation on damages for loss of capacity to provide care for others

28ID. Limitation on damages for loss of capacity to provide care for others

No damages may be awarded to a claimant for any loss of the claimant's
capacity to provide gratuitous care for others unless the court is satisfied
that-

   (a)  the care-

   (i)  was provided to the claimant's dependants; and

   (ii) was being provided for at least 6 hours per week; and

   (iii) had been provided for at least 6 consecutive months before the injury
        to which the damages relate; or

   (b)  there is a reasonable expectation that, but for the injury to which
        the damages relate, the gratuitous care would have been provided to
        the claimant's dependants-

   (i)  for at least 6 hours per week; and

   (ii) for a period of at least 6 consecutive months.