Australian Capital Territory Current Acts

CIVIL LAW (WRONGS) ACT 2002 - SECT 48

    (1)     This section applies to a person if—

        (a)     the person did, or omitted to do, something in relation to a claim; and

        (b)     the person did, or omitted to do, the thing—

              (i)     for the purpose of obtaining a financial benefit; or

              (ii)     knowing that the thing (or something else resulting from doing or omitting to do the thing) is false or misleading.

Example of something done in relation to claim

the making of a statement

Example of something resulting from the doing of the thing

the statement

    (2)     If this section applies to a claimant in relation to a claim—

        (a)     a person who has a liability in relation to a payment, settlement, compromise or judgment relating to the claim is relieved from the liability to the extent of the financial benefit obtained by the claimant; and

        (b)     a person who has paid an amount to the claimant in relation to the claim (whether under a settlement, compromise, judgment or otherwise) is entitled to recover from the claimant the amount of the financial benefit obtained by the claimant and any costs incurred in relation to the claim.

    (3)     If this section applies to a person other than a claimant in relation to a claim, the claimant is entitled to recover from the person as a debt the amount of the financial benefit obtained by the person and any costs incurred by the claimant in relation to the claim.