Since April 2010, negligence does not have to be established if compensation is sought up to $5,000 with an Accident Notification Form. Where death or injury occurs from a “blameless accident” and it involves a vehicle that had insurance cover, it is deemed that the accident resulted from the fault of the owner...
Does a court have to reduce an award of damages because the injured person is deemed by legislation to have contributed to the injuries / losses?
Yes, in accordance with Section 138 of the Motor Accident’s Compensation Act (NSW) 1999 the court must make a finding of contributory negligence in certain circumstances including the injured person was driving under the influence of alcohol or drugs (convicted of a drinking/drug offence) unless it can be proven that intoxication did...
If a claimant was intoxicated at the time of injury, does this affect his/her claim for injuries caused by the negligence of a defendant?
Section 50 of the Civil Liability Act applies if intoxication impaired the injured person’s capacity to exercise reasonable care and skill for their own safety. There is no entitlement to damages unless the injury, loss or damage would have occurred even if the plaintiff was not intoxicated. If this finding...
Amendments to Civil Liability
In 2002 the Civil Liability Act (“CLA”) and the Civil Liability Amendment (Personal Responsibility) Act (“CLAPRA”) were introduced. The CLA applies retrospectively from 20 March 2002 (subject to some exceptions) and the CLAPRA was proclaimed to commence from 6 December 2002. The purpose of these Acts was to reform civil...