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Where am I now? Lawlink > Law Reform Commission > Publications > Report 78 (1996) - Provisional Damages

Report 78 (1996) - Provisional Damages


Table of Contents

Terms of reference

Participants

Summary of recommendations

1. INTRODUCTION

BACKGROUND TO THE REFERENCE

COMMENTS ON THE TERMS OF REFERENCE

DEFINITIONS

2. ASSESSMENT OF DAMAGES IN CASES INVOLVING UNCERTAINTY IN THE FUTURE

LUMP SUM ASSESSMENT

ALTERNATIVES TO LUMP SUM ASSESSMENT

Statutory compensation schemes

Periodical payments

Structured settlements

Interim payments

Deferred assessment

Provisional damages

3. ALTERNATIVES TO LUMP SUM AWARDS IN NEW SOUTH WALES

MOTOR ACCIDENTS ACT 1988

Structured settlements

Interim payments

WORKERS COMPENSATION ACT 1987

Structured settlements

INTERIM DAMAGES UNDER THE SUPREME COURT ACT 1970

Judicial interpretation of s 76E

DUST DISEASES TRIBUNAL ACT 1989

Provisional damages

4. ALTERNATIVES TO LUMP SUM AWARDS IN OTHER JURISDICATIONS

SOUTH AUSTRALIA

Application of s 30b

WESTERN AUSTRALIA

ENGLAND

Interim damages

Provisional damages

The Law Commission's review of provisional damages

      Gradual deterioration

      Recovery of the plaintiff

      Death of the plaintiff

      Flexibility on time limits

      The overriding discretion of the court

      More than one application

      Interaction with death claims

5. A PROVISIONAL DAMAGES REGIME FOR NEW SOUTH WALES

A GAP IN THE LAW OF NEW SOUTH WALES?

PROPOSAL FOR PROVISIONAL DAMAGES

The arguments

PRIMARY RECOMMENDATIONS

Other recommendations

      Coverage

      More than one application

      Time limits

      Interaction with claims under the

      Law Reform (Miscellaneous Provisions) Act 1944

      Interaction with claims under the Compensation to Relatives Act 1897

      Other suggestions

APPENDIX 1: DRAFT BILL

APPENDIX 2: SELECT BIBLIOGRAPHY

APPENDIX 3: TABLE OF LEGISLATION

APPENDIX 4: TABLE OF CASES



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