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Civil Liability and Other Legislation Amendment Act 2010 (Qld)

Thomson Reuters (Australia/NZ)
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  • 180126 Tort Law
  • Damages
  • Personal Injury
  • Economics
  • Law
  • Medicine


This is the author’s version of a work that was submitted/accepted for pub- lication in the following source: Stickley, Amanda P. (2010) Civil Liability and Other Legislation Amendment Act 2010 (Qld). Queensland Lawyer, 30(3), pp. 119-122. This file was downloaded from: c© Copyright 2010 Thomson Reuters (Australia/NZ) Notice: Changes introduced as a result of publishing processes such as copy-editing and formatting may not be reflected in this document. For a definitive version of this work, please refer to the published source: CIVIL LIABILITY AND OTHER LEGISLATION AMENDMENT ACT 2010 (QLD) On 17 March 2010, the Civil Liability and Other Legislation Amendment Act 2010 (Qld) was assented to. The Explanatory Notes to the Bill state (at 1): The amendments contained in the Bill, which are in response to stakeholder feedback, will: • re-base and facilitate the future indexation of monetary amounts in the CLA, the MAIA and the PIPA, including the legal costs threshold and the caps on general damages; • ensure that a de facto partner of an injured person can claim damages for loss of consortium; • remove the requirement in the PIPA that parties must sign a certificate of readiness for trial prior to the compulsory conference; • streamline the process under the PIPA if parties agree to the urgent commencement of proceedings; • abolish the statutory limitation period for dust-disease related personal injury claims; • reinstate damages for the loss of a claimant’s capacity to provide gratuitous domestic services (also known as Sullivan v. Gordon damages); • amend the definition of ‘community organisation’ in section 38 of the CLA to ensure that a volunteer undertaking community work for a Parents and Citizens Association is entitled to the protection from liability provided by section 39; and • clarify the operation of section 43 of the CLA. Amendments to the Bill saw further objectives being included:1  ensure tha

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