Queensland Consolidated Acts

CIVIL PROCEEDINGS ACT 2011 - SECT 68

68 Damages for child’s benefit

(1) This section applies if—

(a) in a proceeding under this part, a court is assessing damages in relation to financial benefits lost by a child of the deceased person as a result of the deceased’s death; and

(b) the deceased predeceases another parent of the child (the
"surviving parent" ).

(2) If there was a relationship between the deceased person and the surviving parent immediately before the deceased’s death, it is irrelevant to the assessment whether or not the relationship would have continued apart from the death.

(3) If there was a relationship between the deceased person and the surviving parent that ended before the deceased’s death, any damages assessed must not be reduced because the relationship ended before the death.

(4) In assessing damages, the court must not take into account any financial benefits that the child has received, or may receive, from any person other than the deceased person, including any financial benefits that the child has received, or may receive, as a result of—

(a) a new relationship that the surviving parent may enter into after the assessment; or

(b) a new relationship entered into by the surviving parent since the death of the deceased.

(5) In this section—

"financial benefits" see section 67 .

"relationship" see section 67 .