Queensland Consolidated Acts

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SUPREME COURT ACT 1995 - SECT 23

23 Exclusion of certain payments in assessment of damages

In assessing damages in respect of a person's death in any such action, there shall not be taken into account—

(a) a sum paid or payable on the death under any contract of assurance or insurance; or
(b) a sum paid or payable on the death under a contract made with a friendly or other benefit society, or association or trade union that is not a contract of insurance or assurance; or
(c) a sum paid or payable on the death out of any superannuation, provident or like fund; or
(d) a sum paid or payable on the death by way of pension, benefit or allowance under any law of the Commonwealth or of any State or Territory or of any other country; or
(e) a gratuity in whatever form received or receivable on the death;

whether any such sum or gratuity is paid or payable to or is received or receivable by the estate of the deceased person or by any person for whose benefit the action is brought.



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