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WRONGS ACT 1958 - SECT 28LACA Transitionals—Wrongs Amendment Act 2015

WRONGS ACT 1958 - SECT 28LACA

Transitionals—Wrongs Amendment Act 2015

    (1)     Sections 28F and 28G, as amended by the Wrongs Amendment Act 2015 , apply to an award of damages irrespective of when the act or omission causing the death or injury and giving rise to the claim for the recovery of damages occurred.

    (2)     Without limiting subsection (1)—

        (a)     section 28F, as amended by section 5 of the  Wrongs Amendment Act 2015 , applies   to an award of damages in a proceeding that has been commenced before the commencement of section 5 of that Act but has not been finally settled or determined before the commencement of that section;

        (b)     section 28G, as amended by section 6 of the Wrongs Amendment Act 2015 , applies to an award of damages in a proceeding that has been commenced before the commencement of section 6 of that Act but has not been finally settled or determined before the commencement of that section.

    (3)     Sections 28H and 28ID, as substituted by the Wrongs Amendment Act 2015 , and sections 28HAA and 28HAAB, apply to an award of damages irrespective of when the act or omission causing the death or injury and giving rise to the claim for the recovery of damages occurred.

    (4)     Without limiting subsection (3)—

        (a)     section 28H, as substituted by section 7 of the Wrongs Amendment Act 2015 , and sections 28HAA and 28HAAB, apply to an award of damages in a proceeding that has been commenced before the commencement of section 7 of that Act but has not been finally settled or determined before the commencement of that section;

        (b)     section 28ID, as substituted by section 8 of the Wrongs Amendment Act 2015 , applies to a claim in a proceeding that has been commenced before the commencement of section 8 of that Act but has not been finally settled or determined before the commencement of that section.

S. 28LACB inserted by No. 62/2015 s. 10.