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CLAUSE NOTES
Civil Liability Amendment Bill 2013
Clause 1: Short title
Clause 2: Commencement
Clause 3: Principal Act
Clause 4: Adds new Part 5A (Provisional Damages) to
the list of Parts which do apply to an injury to
which Part III of the Motor Accidents (Liabilities
and Compensation) Act 1973 applies.
Clause 5: Inserts transitional provisions in section 4 in
relation to the amendments inserted by the
Bill.
Clause 6: Inserts a provision stating that the Act binds
the Crown.
Clause 7: Inserts a new Part 5A which provides for an
award of provisional damages in an action in
respect of an asbestos-related disease where a
it is proved or admitted that the plaintiff may
in the future develop another asbestos-related
disease. An award of provisional damages will
allow the plaintiff to be awarded further
damages in the future if he or she develops
another asbestos-related disease.
Clause 8: Inserts a new subsection in section 28 to
clarify that "other courts" includes a court in
any Australian jurisdiction.
Clause 9: Inserts a new section 28BA which provides for
an award of damages for the loss of capacity to
provide gratuitous services to another person.
The new section also limits when such
damages may be recovered and the amount
that may be awarded.
Clause 10: Amends section 28C to include damages for
the loss of capacity to provide gratuitous
services to another person.
Clause 11: Provides for the future repeal of the amending
Act.