CIVIL LAW (WRONGS) ACT 2002

Australian Capital Territory Current Acts

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CIVIL LAW (WRONGS) ACT 2002

TABLE OF PROVISIONS

Long Title

CHAPTER 1--PRELIMINARY

1. Name of Act
2. Dictionary
3. Notes
4. Offences against Act—application of Criminal Code etc

CHAPTER 2--PROVISIONS APPLYING TO WRONGS GENERALLY

PART 2.1--GOOD SAMARITANS

5. Protection of good samaritans from liability

PART 2.2--VOLUNTEERS

6. Definitions—pt 2.2
7. Meaning of community work
8. Protection of volunteers from liability
9. Liability of community organisations for volunteers
10. Territory may assume liability of community organisations for
11. Directions to community organisations about insurance etc

PART 2.2A--FOOD DONORS

11A. Definitions—pt 2.2A
11B. Protection of food donors from liability

PART 2.3--APOLOGIES

12. Application—pt 2.3
13. Meaning of apology in pt 2.3
14. Effect of apology on liability etc

PART 2.4--SURVIVAL OF ACTIONS ON DEATH

15. Effect of death on certain causes of action
16. Damages in surviving cause of action
17. If person liable dies before or at time of damage
18. Saving of rights additional to pt 2.4

PART 2.5--PROCEEDINGS AGAINST AND CONTRIBUTIONS BETWEEN WRONGDOERS

19. Definitions—pt 2.5
20. Each of several wrongdoers can be sued
21. Right of contribution
22. Effect of pt 2.5

CHAPTER 3--LIABILITY FOR DEATH OR INJURY

PART 3.1--WRONGFUL ACT OR OMISSION CAUSING DEATH

Division 3.1.1--Preliminary—liability for death

23. Definitions—pt 3.1

Division 3.1.2--Liability and damages for death

24. Liability for a person's death
25. Damages for a person's death
26. Amounts not taken into account in assessing damages for death
27. Contributory negligence not defence in relation to death

PART 3.2--MENTAL HARM

32. Definitions—pt 3.2
33. Personal injury arising from mental or nervous shock
34. Mental harm—duty of care
35. Mental harm—damages
36. Extensions of liability under pt 3.2 in certain cases

PART 3.3--EXCLUSION OF LIABILITY FOR TERRORISM-ASSOCIATED RISKS

37. Meaning of act of terrorism for pt 3.3
38. Limitation of liability for acts of terrorism

CHAPTER 4--NEGLIGENCE

PART 4.1--PRELIMINARY--NEGLIGENCE

40. Definitions—ch 4
41. Application—ch 4

PART 4.2--DUTY OF CARE

42. Standard of care
43. Precautions against risk—general principles
44. Precautions against risk—other principles

PART 4.3--CAUSATION

45. General principles
46. Burden of proof

PART 4.4--OTHER PROVISIONS--NEGLIGENCE

47. Contributory negligence can defeat claim
48. Remedy available if claim fraudulent

CHAPTER 5--PERSONAL INJURIES CLAIMS—PRE-COURT PROCEDURES

PART 5.1--PRELIMINARY--CH 5

49. Definitions—ch 5
50. Application—ch 5

PART 5.2--CLAIMS PROCEDURES

51. Notice of claim
51A. Motor accident claims—respondent to identify and notify
52. Preliminary response to claimant
53. Acknowledgment that proper respondent not admission of liability
54. Respondent's response to notice of claim
55. Claimant may add later respondents
56. Multiple respondents
57. Respondent may add someone else as contributor
58. Contributor's response
59. Claimant's failure to give complying notice of claim
60. Legal disabilities
61. Respondent must attempt to resolve claim
62. Consequences of noncompliance with pt 5.2

PART 5.3--OBLIGATIONS OF PARTIES TO GIVE DOCUMENTS AND INFORMATION

63. Purpose—pt 5.3
64. Claimant to give documents etc to respondent
65. Respondent and claimant may jointly arrange for expert report
66. Cost of expert report obtained by agreement
67. Examination by expert if no agreement
68. Respondent to give documents etc to claimant
69. Respondent to give documents etc to contributor
70. Contributor to give documents to respondent
71. Alternative provision if more than 200 pages

PART 5.4--OTHER PROVISIONS--PRE-COURT PROCEDURES

72. Nondisclosure of documents etc—client legal privilege
73. Nondisclosure of documents etc—suspected fraud
74. Offence—failure to give document, film or information
75. Consequences of failure to give document
76. Privilege generally for documents etc
77. No requirement to give documents etc if already in other party's
78. Court's power to enforce compliance with pt 5.2 and pt 5.3
79. Need for urgent proceeding
80. False or misleading statements

CHAPTER 7--DAMAGES

PART 7.1--DAMAGES FOR PERSONAL INJURIES--EXCLUSIONS AND LIMITATIONS

92. Definitions—pt 7.1
93. Application—pt 7.1
94. Exclusion of liability if conduct an offence
95. Presumption of contributory negligence—injured person intoxicated
96. Presumption of contributory negligence—injured person relying on intoxicated
97. Presumption of contributory negligence—injured person not wearing seatbelt
98. Damages for loss of earnings
99. Tariffs for damages for non-economic loss

PART 7.2--LOSS OF CAPACITY TO PERFORM DOMESTIC SERVICES

100. Damages for loss of capacity to perform domestic services

PART 7.3--CONTRIBUTORY NEGLIGENCE

101. Definitions—pt 7.3
102. Apportionment of liability—contributory negligence
103. Joint wrongdoers
104. Claims by third parties—contributory negligence
105. Pleading of statutory limitation period—contributory

CHAPTER 7A--PROPORTIONATE LIABILITY

107A. Definitions—ch 7A
107B. Application of ch 7A—apportionable claims
107C. Meaning of consumer claim—ch 7A
107D. Concurrent wrongdoers
107E. Certain wrongdoers not to have benefit of apportionment
107F. Proportionate liability for apportionable claims
107G. Defendant to tell claimant about concurrent wrongdoers
107H. Contribution not recoverable from defendant
107I. Subsequent proceeding by claimant
107J. Including non-party concurrent wrongdoer
107K. Ch 7A does not affect certain other liability

CHAPTER 8--LIABILITY OF PUBLIC AND OTHER AUTHORITIES

108. Application—ch 8
109. Definitions—ch 8
110. Principles about resources, responsibilities etc of public or other
111. Proceedings against public or other authorities based on breach of statutory
112. When public or other authority not liable for failure to exercise regulatory
113. Special nonfeasance protection in relation to roads etc
114. Exercise of function or decision to exercise does not create duty

CHAPTER 8A--INSTITUTIONAL CHILD ABUSE

PART 8A--.1 DEFINITIONS AND APPLICATION--CH 8A

114A. Meaning of child abuse claim
114AA. Meaning of child abuse—ch 8A
114B. Meaning of related trust—ch 8A
114BA. Time when child abuse etc happens

PART 8A--.2 INSTITUTIONAL CHILD ABUSE--PROCEEDINGS AGAINST UNINCORPORATED BODIES

114C. Unincorporated bodies
114D. Unincorporated body may nominate defendant
114E. Court may appoint related trust as defendant
114F. Proceedings may be commenced before nomination or appointment
114G. Liability of trustee if nominated or appointed as defendant
114H. Defendant may rely on defences and immunities etc

PART 8A--.3 INSTITUTIONAL CHILD ABUSE--SETTING ASIDE ABUSE SETTLEMENT AGREEMENTS

114I. Object—pt 8A.3
114J. Definitions—pt 8A.3
114K. Court may set aside abuse settlement agreement
114L. Court may also set aside other things
114M. Effect of setting aside abuse settlement agreement

CHAPTER 9--DEFAMATION

PART 9.1--PRELIMINARY--DEFAMATION

115. Objects—ch 9
116. Definitions—ch 9
117. Ch 9 binds Crown

PART 9.2--GENERAL PRINCIPLES

Division 9.2.1--Defamation and the general law

118. Tort of defamation
119. Distinction between slander and libel abolished

Division 9.2.2--Causes of action for defamation

120. Single cause of action for multiple defamatory imputations in same
121. Certain corporations do not have cause of action for defamation
122. No cause of action for defamation of, or against, deceased
122A. Serious harm element of cause of action for defamation

Division 9.2.2A--Exemptions from liability for digital intermediaries

122B. Definitions—div 9.2.2A
122C. Exemption for digital intermediaries providing caching, conduit or storage
122D. Exemption for search engine providers
122E. Early determination of digital intermediary exemptions

Division 9.2.3--Choice of law

123. Choice of law for defamation proceedings

PART 9.3--RESOLUTION OF CIVIL DISPUTES WITHOUT LITIGATION

Division 9.3.1--Concerns notices and offers to make amends

124. Application—div 9.3.1
124A. Concerns notices
124B. Defamation proceedings cannot be commenced without concerns notice
125. Publisher may make offer to make amends
126. When offer to make amends may be made
127. Content of offer to make amends
128. Withdrawal of offer to make amends
129. Effect of acceptance of offer to make amends
130. Effect of failure to accept reasonable offer to make amends
131. Inadmissibility of evidence of certain statements and admissions

Division 9.3.2--Apologies

132. Effect of apology on liability for defamation

PART 9.4--LITIGATION OF CIVIL DISPUTES

Division 9.4.1--General

133. Leave required for multiple proceedings in relation to publication of same defamatory
133A. Orders for preliminary discovery about posters of digital matter

Division 9.4.2--Defences

134. Scope of defences under general law and other law not limited
135. Defence of justification
136. Defence of contextual truth
137. Defence of absolute privilege
138. Defence for publication of public documents
139. Defences of fair report of proceedings of public concern
139AA. Defence of publication of matter concerning issue of public
139A. Defence of qualified privilege for provision of certain information
139AB. Defence of scientific or academic peer review
139B. Defences of honest opinion
139BA. Defence for publications involving digital intermediaries
139C. Defence of innocent dissemination

Division 9.4.3--Remedies

139E. Damages to bear rational relationship to harm
139F. Damages for non-economic loss limited
139G. State of mind of defendant generally not relevant to awarding
139H. Exemplary or punitive damages cannot be awarded
139I. Factors in mitigation of damages
139J. Damages for multiple causes of action may be assessed as single sum
139JA. Orders against non-party digital intermediaries concerning defamatory digital

Division 9.4.4--Costs

139K. Costs in defamation proceedings

PART 9.5--MISCELLANEOUS--CH 9

139L. Proof of publication
139M. Proof of convictions for offences
139N. Incriminating answers, documents or things
139O. Giving of notices and other documents

CHAPTER 10--TRESPASS

141. Defence to action for trespass to land
142. Action for use and occupation of land—amount of damages

CHAPTER 11--MITIGATION OF STRICT LIABILITY

PART 11.1--TRAVELLER ACCOMMODATION PROVIDERS LIABILITY

Division 11.1.1--Preliminary—pt 11.1

143. Purpose—pt 11.1
144. Definitions—pt 11.1
145. Meaning of traveller accommodation
146. Meaning of accommodation provider
147. Meaning of innkeeper's liability
148. Meaning of guest
149. Meaning of property of guest

Division 11.1.2--Liability of accommodation providers

150. Application—div 11.1.2
151. Limitation on strict liability under innkeeper's liability
152. Circumstances when limitation does not apply
153. Safe custody facilities
154. Notice about pt 11.1

PART 11.2--COMMON CARRIERS

Division 11.2.1--Preliminary—common carriers

155. Purpose—pt 11.2
156. Definitions—pt 11.2

Division 11.2.2--When common law liability of carriers not affected

157. Certain things not protected by pt 11.2
158. Public notices by carrier not to affect liability

Division 11.2.3--Liability of common carriers for certain goods worth more than $20

159. Liability of carriers for certain goods worth more than $20
160. Notice of increased charge for transport of certain goods
161. Receipt of carrier for increased charge
162. Carrier only liable for proven amount for certain goods

Division 11.2.4--Liability of common carriers for certain animals

163. Definitions—div 11.2.4
164. Liability of carriers for certain animals
165. Notice of increased charge for transport of certain animals
166. Carrier only liable for proven amount for certain animals

Division 11.2.5--Notice, condition or declaration of carrier

167. Carrier liable for neglect or default despite notice etc

CHAPTER 12--OTHER LIABILITY PROVISIONS

PART 12.1--OCCUPIERS LIABILITY

168. Liability of occupiers

PART 12.2--LIABILITY FOR DAMAGE CAUSED BY ANIMALS

169. Evidence of breach of duty for animals

PART 12.3--LIABILITY FOR FIRES ACCIDENTALLY BEGUN

170. Actions do not lie for damage caused by accidental fires
171. Contract between landlord and tenant not affected

CHAPTER 13--MISREPRESENTATION

172. Definitions—ch 13
173. Removal of certain bars to rescission for misrepresentation
174. Damages for misrepresentation
175. Damages instead of rescission for misrepresentation
176. Exclusion clauses—misrepresentation
177. Misrepresentation in trade or commerce an offence
178. Employer etc liable for misrepresentation
179. Prosecutions for misrepresentation

CHAPTER 14--LIMITATIONS ON LEGAL COSTS

PART 14.1--MAXIMUM COSTS FOR CERTAIN PERSONAL INJURY DAMAGES CLAIMS

180. Definitions—pt 14.1
181. Maximum costs for claims of $50 000 or less
182. Costs incurred after offer of compromise not accepted
183. Exclusion of costs unnecessarily incurred etc
184. Court discretion to allow additional costs
185. Apportionment of costs between lawyers

PART 14.2--COSTS IN DAMAGES CLAIMS IF NO REASONABLE PROSPECTS OF SUCCESS

186. Definitions—pt 14.2
187. Application—pt 14.2
188. Certificate that claim or defence has reasonable prospects of success
189. Costs order against lawyer acting without reasonable prospects of
190. Onus on lawyer to show facts provided reasonable prospects of

CHAPTER 15--MISCELLANEOUS

PART 15.1--MEDIATION AND NEUTRAL EVALUATION

191. Purpose of pt 15.1 etc
192. Meaning of mediation, neutral evaluation etc
193. Who can be a mediator
194. Who can be an evaluator
195. Referral by tribunal for mediation or neutral evaluation
196. Duty of parties to take part in neutral evaluations
197. Costs of neutral evaluation
198. Agreements and arrangements arising from mediation sessions
199. Privilege for neutral evaluations
200. Secrecy by evaluators
201. Protection from liability for evaluators

PART 15.3--ATTACHMENT OF INSURANCE MONEY

206. Amount of liability charge on insurance money payable against
207. Enforcement of charge on insurance money
208. Protection of insurer for pt 15.3 charge
209. Certain other provisions not affected by pt 15.3

PART 15.4--ABOLITION OF CERTAIN COMMON LAW ACTIONS, RULES AND REMEDIES

210. Abolition of seduction, enticement and harbouring
211. Abolition of rule about unity of spouses
212. Abolition of action of cattle-trespass
213. Abolition of distress damage feasant
214. Abolition of rules relating exclusively to liability for damage by
215. Partial abolition of rule in Rylands v Fletcher
216. Abolition of rule of common employment
217. Abolition of husband's liability for wife's torts and premarital
218. Abolition of action for loss of consortium
219. Abolition of rule in Cavalier v Pope
220. Partial abolition of Mocambique rule
221. Abolition of torts of maintenance and champerty

PART 15.5--OTHER PROVISIONS

222. Approved forms
222A. Determination of fees
223. Regulation-making power

CHAPTER 19--TRANSITIONAL—CIVIL LAW (WRONGS) AMENDMENT ACT 2024—ABSOLUTE PRIVILEGE

254. Absolute privilege amendments
255. Expiry—ch 19

CHAPTER 20--TRANSITIONAL—CIVIL LAW (WRONGS) AMENDMENT ACT 2024

256. Definitions—ch 20
257. Digital intermediary amendments
258. Offer amendments
259. Preliminary discovery or non-party digital intermediary order
260. Document giving or service amendments
261. Expiry—ch 20
SCHEDULE 1A
SCHEDULE 1
SCHEDULE 2
SCHEDULE 3
SCHEDULE 4
SCHEDULE 5
DICTIONARY
ENDNOTES

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