Pt 2C (Heading and ss 14I–14L) inserted by No. 49/2002 s. 6. S. 14I inserted by No. 49/2002 s. 6. s. 14I 14I Definitions In this Part— apology means an expression of sorrow, regret or sympathy but does not include a clear acknowledgment of fault; S. 14I def. of civil proceeding amended by No. 69/2009 s. 54(Sch. Pt 2 item 59). civil proceeding includes— (a) a proceeding before a tribunal; and (b) a proceeding under an Act regulating the practice or conduct of a profession or occupation; and (c) an inquiry by a board appointed or by a commission of inquiry issued under Division 5 of Part I of the Evidence (Miscellaneous Provisions) Act 1958; injury means personal or bodily injury and includes— (a) pre-natal injury; and (b) psychological or psychiatric injury; and (c) disease; and (d) aggravation, acceleration or recurrence of an injury or disease. S. 14J inserted by No. 49/2002 s. 6. 14J Apology not admission of liability (1) In a civil proceeding where the death or injury of a person is in issue or is relevant to an issue of fact or law, an apology does not constitute—
S. 19 substituted by No. 7496 s. 2, amended by No. 6/2004 s. 3 (ILA s. 39B(1)). 19 Assessment of damages (1) In assessing damages in any action under this Part, whether commenced before or after the passing of the Wrongs (Assessment of Damages) Act 1966, there shall not be taken into account— (a) a sum paid or payable on the death of the deceased person under any contract of assurance or insurance (including a contract made with a friendly or other benefit society or association or trade union); (b) a sum paid or payable out of any superannuation provident or like fund; (c) a sum paid or payable by way of pension benefit or allowance under any law of the Commonwealth or the State or under the law of any other State territory or country; or (d) a sum paid or payable as a gratuity— whether any such sum is paid or payable to the estate of the deceased person or to any person for whose benefit the action is brought. S. 19(1A) inserted by No. 69/2008 s. 12. (1A) In assessing damages in any action under this Part, there shall not be taken into account— (a) any damages under section 29(2A) of the Administration and Probate Act 1958 recovered or recoverable for the benefit of the estate of the deceased person; or (b) any share of those damages paid or likely to be paid to any person for whose benefit the action under this Part is brought. s. 19 S. 19(2) inserted by No. 6/2004 s. 3. (2) In assessing damages in an action under this Part, that is commenced on or after the commencement of the Wrongs (Remarriage Discount) Act 2004,
S. 24(5) repealed by No. 10227 s. 8(c)(i), new s. 24(5) inserted by No. 102/2003 s. 6. (5) For the removal of doubt, if an action (the existing action) was commenced in a court against the first-mentioned person referred to in subsection (4) before 1 October 2003, the period referred to in subsection (4)(a)(i) is to be taken to be the period within which the existing action might have been brought at the time the existing action was brought. S. 24(6) repealed. * * * * * S. 24AAA inserted by No. 80/2010 s. 160. 24AAA When employer not liable to indemnify third party in relation to an injury A term of a contract that requires, or has the effect of requiring, an employer within the meaning of the Accident Compensation Act 1985 to indemnify a third party, or make contribution, in respect of the third party's liability to pay damages for an injury to, or death of, a worker within the meaning of that Act arising in the course of the worker's employment with the employer is void. S. 24AA inserted by No. 10227 s. 7. s. 24AAA 24AA Proceedings against persons jointly liable for the same debt or damage Judgment recovered against any person liable in respect of any debt or damage shall not be a bar to an action, or to the continuance of an action, against any other person who is (apart from any such bar) jointly liable with the first-mentioned person in respect of the same debt or damage. S. 24AB inserted by No. 10227 s. 7. 24AB Successive actions against persons liable (jointly or otherwise) for the same damage If more than one action is brought in respect of any damage by or on behalf of the person by whom it was suffered against persons liable in respect of the damage (whether jointly or otherwise) the plaintiff shall not be entitled to costs in any of those actions, other than that in
which judgment is first given, unless the court is of the opinion that there was reasonable ground for bringing the action. S. 24AC inserted by No. 10227 s. 7. 24AC Application to the Crown Where the Crown is subject to any liability by virtue of the Crown Proceedings Act 1958, this Part shall bind the Crown in respect of the liability to which it is so subject in the same manner and to the same extent as if the Crown were a subject. S. 24AD inserted by No. 10227 s. 7. 24AD Savings (1) This Part as amended by the Wrongs (Contribution) Act 1985 shall not affect any case where the debt in question became due or (as the case requires) the damage in question occurred before the commencement of that Act. (2) A person shall not be entitled to recover contribution or liable to make contribution in accordance with section 23B by reference to any liability based on breach of any obligation assumed by that person before the commencement of the Wrongs (Contribution) Act 1985. s. 24AC (3) This Part as in force immediately before the commencement of the Wrongs (Contribution) Act 1985 shall continue to apply with respect to torts committed before the commencement of that Act. (4) The right to recover contribution in accordance with section 23B supersedes any right, other than an express contractual right, to recover contribution (as distinct from indemnity) otherwise than under this Part in corresponding circumstances but nothing in this Part shall affect— (a) any express or implied contractual or other right to indemnity; or
(except as a plaintiff) whether joined under this Part, under rules of court or otherwise; injury means personal or bodily injury and includes— (a) pre-natal injury; and (b) psychological or psychiatric injury; and (c) disease; and (d) aggravation, acceleration or recurrence of an injury or disease. S. 24AF inserted by No. 60/2003 s. 3 (as amended by No. 102/2003 s. 37). 24AF Application of Part (1) This Part applies to— (a) a claim for economic loss or damage to property in an action for damages (whether in tort, in contract, under statute or otherwise) arising from a failure to take reasonable care; and S. 24AF(1)(b) amended by No. 72/2010 s. 48(Sch. item 25). (b) a claim for damages for a contravention of section 18 of the Australian Consumer Law (Victoria). (2) If a proceeding involves 2 or more apportionable claims arising out of different causes of action, liability for the apportionable claims is to be determined in accordance with this Part as if the claims were a single claim. (3) provision of this Part that gives protection from civil liability does not limit or otherwise affect any protection from liability given by any other provision of this Act or by another Act or law. S. 24AG inserted by No. 60/2003 s. 3. 24AG What claims are excluded from this Part? s. 24AG (1) This Part does not apply to claims arising out of an injury.
(b) state that the respondent is a proper respondent to the claim and request that the claimant obtain an assessment of degree of impairment under this Part; or S. 28LO(3)(c) amended by No. 102/2003 s. 18(3). (c) if the respondent is unable to decide, on the information contained in the request, whether the respondent is a proper respondent to the claim, advise the claimant of the further information the respondent reasonably needs to decide whether the respondent is a proper respondent to the claim; or s. 28LP (d) state that the respondent believes that the respondent is not a proper respondent to the claim, give the reasons for the belief and give any information that may help the claimant to identify the proper respondent. S. 28LO(4) amended by No. 102/2003 s. 18(2). (4) If the respondent fails to respond within the 60 days, the requirement for the assessment of degree of impairment cannot be waived by the respondent. S. 28LO(5) inserted by No. 102/2003 s. 18(4). (5) Information prescribed for the purposes of subsection (1A) may include information relating to— (a) the identity of the claimant; (b) the nature of the claim; (c) the injury; (d) the incident out of which the alleged injury arose; (e) any medical practitioner who has treated the injury.
necessary to be prescribed to give effect to this Part. S. 77 inserted by No. 102/2003 s. 3. 77 Supreme Court—limitation of jurisdiction It is the intention of sections 73, 74 and 75 to alter or vary section 85 of the Constitution Act 1975. S. 78 inserted by No. 102/2003 s. 3. 78 Transitional (1) This Part extends to negligence arising before, on or after the commencement day. (2) Despite subsection (1), this Part does not apply to proceedings commenced in a court before the commencement day. (3) In this section commencement day means the day on which section 3 of the Wrongs and Other Acts (Law of Negligence) Act 2003 comes into operation. __________________ Pt 12 (Heading and ss 79–87) inserted by No. 102/2003 s. 3. S. 79 inserted by No. 102/2003 s. 3. 79 Definitions s. 79 In this Part— damages includes any form of monetary compensation; exercise in relation to a function includes perform a duty; function includes a power, authority or duty; negligence means failure to exercise reasonable care;
Coroners Act 1985, No. 10257/1985 Assent Date: 10.12.85 Commencement Date: S. 93 on 1.6.86: Government Gazette 30.4.86 p. 1115 : This information relates only to the provision/s amending the Wrongs Act 1958 Local Government (Consequential Provisions) Act 1989, No. 12/1989 Assent Date: 9.5.89 Commencement Date: S. 4(Sch. 2 item 136.1) on 1.11.89: Government Gazette 1.11.89 p. 2798 : This information relates only to the provision/s amending the Wrongs Act 1958 Endnotes Crimes Legislation (Miscellaneous Amendments) Act 1989, No. 25/1989 Assent Date: 6.6.89 Commencement Date: Pt 7 (ss 38, 39) on 25.6.89: Special Gazette 20.6.89 p. 1 : This information relates only to the provision/s amending the Wrongs Act 1958 Magistrates' Court Act 1989, No. 51/1989 Assent Date: 14.6.89 Commencement Date: S. 148 on 1.9.90: Government Gazette 25.7.90 p. 2216 : This information relates only to the provision/s amending the Wrongs Act 1958 Magistrates' Court (Consequential Amendments) Act 1989, No. 57/1989 Assent Date: 14.6.89 Commencement Date: S. 3(Sch. items 223.1–223.7) on 1.9.90: Government Gazette 25.7.90 p. 2217 : This information relates only to the provision/s amending the Wrongs Act 1958 Legal Practice Act 1996, No. 35/1996 Assent Date: 6.11.96 Commencement Date: S. 453(Sch. 1 item 90) on 1.1.97: s. 2(4) : This information relates only to the provision/s amending the Wrongs Act 1958 Printers and Newspapers (Repeal) Act 1998, No. 56/1998 Assent Date: 13.10.98 Commencement Date: S. 4 on 19.11.98: Government Gazette 19.11.98 p. 2792 : This information relates only to the provision/s amending the Wrongs Act 1958 Wrongs (Amendment) Act 2000, No. 75/2000 Assent Date: 21.11.00 Commencement Date: 21.11.00: s. 2 : All of Act in operation