New South Wales Consolidated Acts

CIVIL LIABILITY ACT 2002 - SCHEDULE 2

SCHEDULE 2 – Transferred provisions

1 Abolition of action for loss or deprivation of consortium

(1) A person is not liable for damages in tort on the ground that the negligence, or other act or omission, of the person caused loss or impairment of the consortium of a husband and wife.

(2) Subclause (1) re-enacts section 3(1) of the Law Reform (Marital Consortium) Act 1984 and is a transferred provision to which section 30A of the Interpretation Act 1987 applies.

2 Abolition of tort of maintenance (including champerty)

(1) The tort of maintenance (including champerty) is abolished.

(2) This clause and clauses 5 and 6 of Schedule 3 to the Crimes Act 1900 do not affect any rule of law as to the cases in which a contract is to be treated as contrary to public policy or as otherwise illegal, whether the contract was made before or after the commencement of the Maintenance, Champerty and Barratry Abolition Act 1993 .

(3) This clause re-enacts (with minor modification) sections 4 and 6 of the Maintenance, Champerty and Barratry Abolition Act 1993 and is a transferred provision to which section 30A of the Interpretation Act 1987 applies.

Note : The crime of maintenance (including champerty) is also abolished. See Schedule 3 to the Crimes Act 1900 .