ON 19 JUNE 1995, the NSW Evidence Act 1995 was enacted.
http://www.austlii.edu.au/au/legis/nsw/consol_act/ea199580/
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Category Archives: Legislation
Civil Liability Act 2002 (NSW) | 18 June 2002
ON 18 JUNE 2002, the NSW Civil Liability Act 2002 was enacted.
http://www.austlii.edu.au/au/legis/nsw/consol_act/cla2002161/
The substantive provisions commenced retrospectively on 20 March 2002. There have been successive amendments, notably those which commenced in December 2002 and 2004 and June 2006.
The Act modifies the Australian common law with respect to civil liability claims in New South Wales, except those set out in s3B.
The Act limits the circumstances in which people may recover damages for civil wrongs and the amount of damages and costs they recover.
The significant features of the Act include:
- Statement of principles for determining negligence.
- Modification of causation test.
- No duty to warn of obvious risk.
- No liability for materialisation of inherent risk.
- No liability for harm suffered from obvious risks of dangerous recreational activities.
- No duty of care for risk warning of dangerous recreational activity.
- Standard of care for professionals.
- Contributory negligence can defeat a claim.
- Fixing damages for economic and non-economic loss, including thresholds, discounts and maximum limits.
- Limiting interest.
- Restrictions for persons in custody.
- Restrictions for mental harm.
- Allocation of proportionate liability for concurrent wrongdoers.
- Limiting liability of public authorities.
- Restricting recovery for intoxicated persons.
- Exclusion of liability for persons acting in self defence, good Samaritans, food donors or volunteers.
- Apologies not to affect liability.
- Limiting damages for birth of a child.
- Exclusion of liability for trespass or nuisance by ordinary use of aircraft.
- Costs restrictions.
The Act does not apply to claims (or parts of claims) regarding:
- Intentional acts with the intent to cause injury or death or sexual assault or other sexual misconduct.
- Dust diseases.
- Tobacco.
- Motor Accidents and public transport accidents.
- Workers, Victims and Sporting Injuries compensation.
Sydney, Australia
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New Bail Act
ON 20 MAY 2014, the NSW Bail Act 2013 commenced.
Lawyers rules to change
ON 13 MAY 2014, the NSW Legislative Council passed the Legal Profession Uniform Law Application Bill 2014.
The new Act will repeal the Legal Profession Act and introduce the Legal Profession Uniform Law early next year, enabling a single national framework for the regulation of the profession.
http://www.parliament.nsw.gov.au/prod/parlment/NSWBills.nsf/0/07EB41C6B04DCA11CA257CA600183BBA
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ADCO Constructions Pty Ltd v Goudappel [2014] HCA 18
ON 16 MAY 2014, the High Court of Australia delivered ADCO Constructions Pty Ltd v Goudappel [2014] HCA 18 (16 May 2014).
The Workers Compensation Legislation Amendment Act 2012 extinguished injured workers entitlements to permanent impairment compensation under the Workers Compensation Act 1987 in claims where the permanent impairment does not exceed 10 percent. The Act preserved these entitlements for workers who made a claim for permanent impairment compensation before 19 June 2012. A transitional regulation made under the Act extended the disentitlement to claims brought before 19 June except for those in which permanent impairment compensation was “specifically sought”.
The worker in this case had brought a compensation claim before 19 June 2012, but permanent impairment compensation was not specifically sought until 20 June. The worker’s permanent impairment did not exceed 10 percent.
The Court of Appeal had found that the regulation was not valid and did not extinguish the worker’s entitlement to permanent impairment compensation.
Overturning the Court of Appeal decision, the High Court ruled that the regulation was valid and the worker was not entitled to permanent impairment compensation as because such compensation was not specifically sought before 19 June 2012.
http://www.austlii.edu.au/au/cases/cth/HCA/2014/18.html
Sydney, Australia
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The Commonwealth v Australian Capital Territory [2013] HCA 55
ON 12 DECEMBER 2013, the High Court of Australia delivered The Commonwealth v Australian Capital Territory [2013] HCA 55 (12 December 2013).
Sydney, Australia
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Small Business Commissioner Act 2013 (NSW)
ON 18 SEPTEMBER 2013, the Small Business Commissioner Act 2013 (NSW) commenced.
The Act creates the office of the Small Business Commissioner and provides for the objectives and functions of that office.
The objectives of the office of the Small Business Commissioner are defined in s13 as:
“(a) to deal with issues concerning the small business sector in a neutral and independent manner,
(b) to provide a central point of contact for small businesses to make complaints about their commercial dealings with other businesses and about their dealings with government agencies,
(c) to encourage government agencies and larger businesses to enter into productive working relationships with small businesses,
(d) to facilitate the resolution of disputes involving small businesses through mediation and other appropriate forms of alternative dispute resolution,
(e) to facilitate and encourage the fair treatment of small businesses,
(f) to promote a fair operating environment in which small businesses can flourish,
(g) to identify and support measures to reduce the administrative burden for small businesses.”
The general functions of the office of the Small Business Commissioner are defined is s14(1) as:
“(a) to receive and deal with, subject to section 15, complaints made by or on behalf of small businesses (either on an individual or collective basis) regarding their dealings with other businesses and government agencies,
(b) to investigate complaints that are dealt with by the Commissioner or to refer any such complaint to such other person or body as the Commissioner considers appropriate,
(c) to provide low cost alternative dispute resolution services for small businesses,
(d) to make representations or take any action on behalf of small businesses (including making applications to be joined as a party in proceedings involving a small business) either at the Commissioner’s own initiative or at the request of a small business,(e) to conduct investigations into the way in which small businesses are treated by other businesses or government agencies,
(f) to facilitate the development of codes of practice by industry that deal with issues concerning the small business sector,
(g) to advise the Minister, either at the Commissioner’s own initiative or at the request of the Minister, on any matter affecting small businesses or that is relevant to the Commissioner objectives or functions.”
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Succession to the Crown Act
ON THIS DAY in 2013, the United Kingdom Parliament passed the Succession to the Crown Act 2013.
Males born into the Royal Family after 28 October 2011 will not take precedence over females in succession the throne. Royals will no longer lose their right to succession if they marry Catholics.
http://services.parliament.uk/bills/2012-13/successiontothecrown.html
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2013 | Marriage (Same Sex Couples) Act 2013
ON THIS DAY in 2014, the UK Marriage (Same Sex Couples) Act 2013 allowed same sex couples in England and Wales to marry.
http://www.legislation.gov.uk/ukpga/2013/30/contents/enacted/data.htm
Peter O’Grady
National Disability Insurance Act 2013 (Cth)
ON THIS DAY in 2013, the National Disability Insurance Act 2013 (Cth) received assent.
http://www.austlii.edu.au/au/legis/cth/consol_act/ndisa2013341
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