14 Proof of loss of service in actions of seduction unnecessary In any action of seduction brought by a parent or person in loco parentis it shall not be necessary for the plaintiff to allege or give evidence of loss of service to the plaintiff by the woman or girl seduced or that between them there was the relation of master and servant but such loss of service and relation shall be conclusively presumed in favour of the plaintiff. _______________ Pt 2A (Heading and ss 14A–14D) inserted by No. 9995 s. 2(2). S. 14A inserted by No. 9995 s. 2(2). 14A Definitions In this Part— (a) a reference to the occupier of premises includes a reference to the landlord of premises let under a tenancy (including a statutory tenancy not amounting in law to a tenancy) who— (i) is under an obligation to the tenant to maintain or repair the premises; or (ii) is, or could have put himself in, a position to exercise a right to enter on the premises to carry out maintenance or repairs; and (b) a reference to premises includes a reference to any fixed or moveable structure, including any vessel, vehicle or aircraft.
advice and the nature of any such advice he may have received. S. 20(3A) inserted by No. 9884 s. 9. (3A) The powers conferred on a court by subsection (2) may be exercised at any time notwithstanding— (a) that more than six years has expired since the cause of action accrued; or (b) that an action in respect of such personal injuries has been commenced by the claimant. (4) Where under this section a question arises as to the knowledge of a deceased person the court may have regard to the conduct and statements oral or in writing of the deceased person. S. 20(5) substituted by No. 57/1989 s. 3(Sch. item 223.4). (5) A copy of an application under this section must be served on each person against whom the applicant claims to have the cause of action. (6) This section applies in respect of a cause of action whether or not the cause of action accrued before the commencement of the Wrongs Act 1972. S. 20(7) inserted by No. 60/2003 s. 10. (7) This section does not apply in respect of a cause of action to which Part IIA of the Limitation of Actions Act 1958 applies. No. 3807 s. 20. S. 21 amended by Nos 9153 s. 2, 35/1996 s. 453(Sch. 1 item 90.2). 21 Particulars of demand In every such action the plaintiff on the record shall be required together with the statement of claim to deliver to the defendant or his legal practitioner full particulars— (a) of the person or persons for whom and on whose behalf such action is brought; (b) of the nature of the claim in respect of which damages are sought to be recovered;
(2) In the case of any award to which this section applies, the court is to disregard the amount (if any) by which the claimant's gross weekly earnings would (but for the death or injury) have exceeded an amount that is 3 times the amount of average weekly earnings at the date of the award. (3) For the purposes of this section, the amount of average weekly earnings at the date of the award is— S. 28F(3)(a) amended by No. 44/2014 s. 33(Sch. item 34(1)). (a) the amount per week comprising the amount estimated by the Australian Statistician as the average weekly total earnings of all employees in Victoria for the most recent reference period occurring before the date of the award for which such an amount has been estimated by the Australian Statistician and that is, at that date, available to the court making the award; or (b) if the Australian Statistician fails or ceases to estimate the amount referred to in paragraph (a), the prescribed amount or the amount determined in such manner or by reference to such matters, or both, as may be prescribed. S. 28G inserted by No. 49/2002 s. 7. 28G Fixing damages for non-economic loss The maximum amount of damages that may be awarded to a claimant for non-economic loss is $371 380. S. 28H inserted by No. 49/2002 s. 7. 28H Indexation of maximum amount for non-economic loss S. 28H(1) amended by No. 44/2014 s. 33(Sch. item 34(2)). (1) The amount that is to apply for the purposes of section 28G is to be varied, in respect of the financial year beginning on 1 July 2003 and each subsequent financial year, in accordance with the formula—
Negligence) Act 2003) to alter or vary section 85 of the Constitution Act 1975. S. 28K inserted by No. 49/2002 s. 7. 28K Regulations (1) The Governor in Council may make regulations generally prescribing any matter or thing required or permitted by this Part to be prescribed, or necessary or convenient to be prescribed to give effect to this Part. (2) The regulations— (a) may leave any matter to be determined by the Minister; and (b) may apply, adopt or incorporate, wholly or partially or as amended by the regulations, any matter contained in any document as existing or in force— (i) from time to time; or (ii) at a particular time. S. 28L inserted by No. 49/2002 s. 7. 28L Transitional S. 28L(1) amended by No. 60/2003 s. 9. (1) This Part (except sections 28IA, 28IB, 28IC and 28J(2)) extends to an award of personal injury damages that relates to an injury received, or to a death resulting from an injury received, whether before, on or after the commencement day. (2) Despite subsection (1)— (a) sections 28F, 28G and 28H do not apply to an award of damages in proceedings commenced in a court before the commencement day; (b) section 28I does not apply to an award of damages made before the commencement day.
Crown Prosecutor has the same meaning as in the Criminal Procedure Act 2009; damages includes any form of monetary compensation; legal practitioner has the same meaning as in the Criminal Procedure Act 2009; mental harm means psychological or psychiatric injury; non-economic loss means any one or more of the following— (a) pain and suffering; (b) loss of amenities of life; (c) loss of enjoyment of life; police officer has the same meaning as in the Victoria Police Act 2013; prisoner means a person referred to in section 28LAE(1)(a); profit motivated offence means— (a) an offence referred to in Schedule 2 to the Confiscation Act 1997, and if circumstances are specified in that Schedule in relation to that offence, means an offence committed in those circumstances; or (b) an offence that, at the time it was committed, was an offence referred to in Schedule 2 to the Confiscation Act 1997, and if circumstances were specified in that Schedule in relation to that offence, means an offence committed in those circumstances.
S. 28LB def. of Medical Panel amended by No. 67/2013 s. 649(Sch. 9 item 36(4)(c)). Medical Panel means a Medical Panel under the Workplace Injury Rehabilitation and Compensation Act 2013; S. 28LB def. of medical practitioner amended by Nos 97/2005 s. 182(Sch. 4 item 55(a)), 13/2010 s. 51(Sch. item 62.1). medical practitioner means a person registered under the Health Practitioner Regulation National Law to practise in the medical profession (other than as a student) and, in relation to anything done for the purposes of this Act in a place outside Victoria, includes a medical practitioner who is lawfully qualified under a law in force in that place to do that thing; S. 28LB def. of medical question substituted by No. 102/2003 s. 13(3). medical question in relation to a claim for damages, means a question as to whether the degree of impairment resulting from injury to the claimant alleged in the claim satisfies the threshold level; non-economic loss means any one or more of the following— (a) pain and suffering; (b) loss of amenities of life; (c) loss of enjoyment of life; S. 28LB def. of registered health practitioner substituted by Nos 97/2005 s. 182(Sch. 4 item 55(b)), 13/2010 s. 51(Sch. item 62.2), amended by No. 27/2012 s. 30. registered health practitioner means— (a) a medical practitioner; or (b) a person registered under the Health Practitioner Regulation National Law— (i) to practise in the dental profession as a dentist (other than as a student); and (ii) in the dentists division of that profession; or
S. 28LC(2)(e) inserted by No. 2/2015 s. 4(2). (e) a claim in respect of an injury that is an asbestos-related condition. (3) This Part does not apply to claims in proceedings of a class that is excluded by the regulations from the operation of this Part. (4) This Part extends to a claim for damages for loss even if the claim is founded on breach of contract or any other cause of action. S. 28LD inserted by No. 60/2003 s. 4. 28LD This Part is substantive law For the avoidance of doubt it is declared that all the provisions of this Part contain matters that are substantive law and are not procedural in nature. Division 2—Restriction on recovery of damages for noneconomic loss S. 28LE inserted by No. 60/2003 s. 4. 28LE Restriction on recovery of damages for noneconomic loss A person is not entitled to recover damages for non-economic loss in any proceeding in a court in respect of an injury to a person caused by the fault of another person unless the person injured has suffered significant injury. S. 28LF inserted by No. 60/2003 s. 4. 28LF What is significant injury? (1) For the purposes of this Part injury to a person (other than a psychiatric injury) is significant injury if— (a) the degree of impairment of the whole person resulting from the injury has been assessed by an approved medical practitioner in accordance with this Part as satisfying the threshold level, unless a Medical Panel has made a determination as to the threshold level under Division 5; or
matter relating to a reference in any manner it thinks fit. (2) A Medical Panel must act informally, without regard to technicalities or legal forms and as speedily as a proper consideration of the reference allows. S. 28LZ(3) substituted by No. 102/2003 s. 27, amended by No. 67/2013 s. 649(Sch. 9 item 36(8)). (3) The Minister, after consultation with the Minister administering Part 12 of the Workplace Injury Rehabilitation and Compensation Act 2013, may for the purposes of— (a) ensuring procedural fairness in the procedures of Medical Panels under this Part; and (b) facilitating the proper administration of the Medical Panels under this Part— issue guidelines as to the procedures of Medical Panels under this Part. S. 28LZ(4) substituted by No. 102/2003 s. 27. (4) The Convenor may give directions as to the procedures of Medical Panels under this Part but must not give directions inconsistent with any guidelines issued by the Minister under this Part. S. 28LZ(5) inserted by No. 102/2003 s. 27. (5) A Medical Panel must comply with— (a) any relevant guidelines as to the procedures of Medical Panels issued under subsection (3); and (b) any directions given by the Convenor under subsection (4). S. 28LZA inserted by No. 60/2003 s. 4. 28LZA Respondent must provide information to Medical Panel (1) A respondent referring a medical question to a Medical Panel must submit to the Medical Panel—
S. 28LZA(1)(a) amended by No. 102/2003 s. 28(1). (a) a notice in writing and in the prescribed form (if any) setting out— (i) the medical question; and (ii) any other prescribed information; and (b) a copy of any relevant certificate of assessment served on the respondent by the claimant under section 28LT. S. 28LZA(2) substituted by No. 102/2003 s. 28(2). (2) The Convenor may, in writing, request the respondent to provide to the Medical Panel any specified document or documents of a specified class in the respondent's possession. S. 28LZA(2A) inserted by No. 102/2003 s. 28(2). (2A) More than one request may be made under subsection (2). S. 28LZA(2B) inserted by No. 102/2003 s. 28(2). (2B) The respondent must comply with any request under subsection (2). S. 28LZA(3) amended by No. 102/2003 s. 28(3). (3) The Medical Panel may refuse to proceed to consider a medical question if it is not provided with the documents required under subsection (1) or requested under subsection (2). S. 28LZA(4) substituted by No. 102/2003 s. 28(4). (4) A respondent is deemed to have accepted the assessment in the certificate of assessment if the respondent— (a) fails to provide the Medical Panel with the information and documents required under subsection (1) within 30 days after being requested in writing to do so by the Convenor; or (b) fails to provide any documents requested under subsection (2) within 30 days after that request.
Part VC (Heading and ss 28M, 28N) inserted by No. 49/2002 s. 8. S. 28M inserted by No. 49/2002 s. 8. 28M Definitions In this Part— S. 28M def. of claim amended by No. 67/2013 s. 649(Sch. 9 item 36(10)). claim does not include a claim under the Accident Compensation Act 1985 or the Workplace Injury Rehabilitation and Compensation Act 2013; court, in relation to a claim, means— (a) if a proceeding based on the claim has been commenced in the Supreme Court or the County Court—the court hearing the proceeding; or (b) if no proceeding based on the claim has been commenced—the Supreme Court or the County Court; damages includes any form of monetary compensation; fault includes an act or omission; 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;
Assent Date: 5.12.72 Commencement Date: 1.1.73: s. 1(3) : All of Act in operation Status of Children Act 1974, No. 8602/1974 Assent Date: 26.11.74 Commencement Date: 1.3.75: Government Gazette 5.2.75 p. 228 : All of Act in operation Employers and Employés (Repeal) Act 1976, No. 8915/1976 Assent Date: 7.12.76 Commencement Date: 7.12.76: s. 1(2) : All of Act in operation Wrongs (Action for Damages) Act 1978, No. 9153/1978 Assent Date: 30.5.78 Commencement Date: 1.9.78: Government Gazette 12.7.78 p. 2279 : All of Act in operation Wrongs (Defamation) Act 1979, No. 9292/1979 Assent Date: 23.10.79 Commencement Date: 23.10.79: s. 1(3) : All of Act in operation Wrongs (Assessment of Damages) Act 1979, No. 9353/1979 Assent Date: 20.12.79 Commencement Date: 20.12.79 : All of Act in operation Crimes (Classification of Offences) Act 1981, No. 9576/1981 Assent Date: 26.5.81 Commencement Date: 1.9.81: Government Gazette 26.8.81 p. 2799 : All of Act in operation Workers Compensation (Actions) Act 1981, No. 9683/1981 Assent Date: 5.1.82 Commencement Date: 5.1.82 : All of Act in operation Wrongs (Defamation) Act 1981, No. 9708/1981 Assent Date: 5.1.82 Commencement Date: 5.1.82 : All of Act in operation Wrongs (Dependants) Act 1982, No. 9856/1982 Assent Date: 5.1.83 Commencement Date: 21.12.82: s. 1(3) (same day as Administration and Probate (Survival of Actions) Act 1982) : All of Act in operation Limitation of Actions (Personal Injury Claims) Act 1983, No. 9884/1983