Editors --- "Statutory compensation schemes: State-by-state summary" [2019] PrecedentAULA 32; (2019) 152 Precedent 22

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STATUTORY COMPENSATION SCHEMES

STATE-BY-STATE

1. WORKERS COMPENSATION DAMAGES

	ACT By Jacinta Northam & James Treloar	NORTHERN TERRITORY By Niall Connolly	NSW By Kerry Byrnes & Monica Liesch	QUEENSLAND By Charmaine Bastin	SOUTH AUSTRALIA By Ric Traini	TASMANIA By Gabby McDonald	VICTORIA By Jaz Goddard and Caitlin Stove	WESTERN AUSTRALIA By Helen Parker & Lindsay Allan-McConchie
TYPES/HEADS OF DAMAGES	Unfettered common law damages General damages or non-economic loss Economic loss, including loss of superannuation Past & future out-of-pocket expenses Past & future gratuitous care (Griffiths v Kerkemeyer damages) Civil Law (Wrongs) Act 2002 (ACT), s100 Workers Compensation Act 1951 (ACT)	Compensation for permanent impairment (PI) Total incapacity & loss of earning capacity (LOEC) Compensation for medical & surgical treatment, etc Rehabilitation training & workplace modification (RT) Medical travel costs Home modifications, vehicle modifications & household & attendant care services (HVMA)	No-fault statutory scheme Workers Compensation Act 1987 (NSW) • Weekly payments: 1st 13 weeks at 95% pre-injury average weekly earnings (PIAWE); then 95% if working 15 hours per week (or 80% if not working) up to 130 weeks; then 80% if working 15 hours per week or no work capacity up to 260 weeks; then no entitlement unless over 20% WPI. If between 21-30% WPI, weeklies to retirement age, but subject to work capacity decisions. If 31% WPI & above, weeklies to retirement age & not subject to work capacity decisions. • Reasonably necessary medical & related expenses, medical travel costs, domestic assistance if over 15% WPI for maximum 6 hours per week for 3 months. • Lump sum compensation for whole person impairment (WPI) if at least 10% WPI for physical injury and 15% or above for psychological injury. • Artificial aids, home & vehicle modifications. • Death benefit & funeral expenses. Modified common law damages Workplace Injury Management & Workers Compensation Act 1998 (NSW) Work injury damages for past & future loss of earnings & superannuation; Fox v Wood (income tax paid on refundable workers compensation weekly benefits).	General damages (in accordance with the general damages calculation provisions in the Workers' Compensation & Rehabilitation Regulation 2014) Past & future out-of-pocket expenses Past & future loss of earnings Past & future loss of superannuation entitlements Past & future paid care Fox v Wood (income tax paid on refundable workers compensation weekly benefits) Workers' Compensation & Rehabilitation Act 2003 (Qld) (WCRA)	Lump sum – both economic & non-economic loss Where whole person impairment (WPI) is 5% or more (ss56 & 58, Return to Work Act 2014 (SA) (RTWA)). Income support Assessed as % of average weekly earnings (AWE): 100% AWE paid for first 52 weeks following injury; 80% for remaining 52 weeks. Common law damages Available for economic loss (part 5, RTWA). Worker’s dependant Lump sum payment of prescribed sum to dependant on death of worker (s61, RTWA). Weekly payments for domestic spouse/partner &/or dependent child &/or dependent relative (s59, RTWA). Funeral expenses (s62, RTWA). Counselling services for family members (s63, RTWA). Common law claim against employer (s71, RTWA). Medical expenses	General damages Past & future loss of earning capacity Superannuation Special damages Future medical & associated expenses (including attendant care) Fox v Wood (income tax paid on refundable workers compensation weekly benefits)	‘No-fault’ statutory scheme • Weekly payments • Medical & like expenses • Lump sum (impairment benefit) Common law • General damages • Past & future loss of earnings (LOE) • Fox v Wood (income tax paid on refundable workers compensation weekly benefits) Injuries sustained & lodged after 1/7/2014 are covered under the Workplace Injury Rehabilitation & Compensation Act 2013 (WIRC Act). Injuries sustained before 1/7/2014 are covered under the Accident Compensation Act 1985 (ACA).	‘No-fault’ statutory scheme • Past & future loss of earnings – to a maximum of $228,307 • Past & future medical & treatment expenses – to a maximum of $68,492 with an allowance for an additional $50,000 subject to restrictions • Vocational rehabilitation expenses – to a maximum of $15,981 • Travelling expenses – paid at $0.46 per kilometre to attend treatment providers Workers Compensation & Injury Management Act 1981 Common law damages Threshold of 15% whole person impairment (WPI) must be met in order to bring common law claim.
LIMITATIONS	No caps or thresholds on damages Costs limited to $10,000 plus disbursements, if damages recovered by settlement or verdict do not exceed $50,000 (s181, Civil Law (Wrongs) Act 2002 (ACT) (CLA)). 3% multiplier applies. NDIS now overlaps with the common law for care & support with paybacks & preclusion periods.	Compensation for PI Maximum 208 x average weekly earnings (AWE) ($1,668.50) $347,048 (2019) (s71, Return to Work Act 1986 (NT) (RTWA)). Compensation payable as a % of the maximum determined by assessed % whole person impairment (WPI) for WPI of 15% or more. Maximum payable for 85% or more. Compensation for LOEC First 26 weeks of incapacity (difference between normal weekly earnings, pre-injury & actual earnings (if any) post-injury) (s64, RTWA). Long-term incapacity post-26 weeks – the lesser of 75% of the worker’s loss of earning capacity (as defined) & 150% of AWE (s65, RTWA). Limited up to a maximum of 260 weeks unless the worker suffers PI not less than 15% WPI. Compensation for RT For a worker who suffers or is likely to suffer a permanent or long-term incapacity (s76, RTWA). Compensation for HVMA For a worker who suffers a permanent or long-term incapacity (s78, RTWA).	No pain & suffering damages. WPI lump sum Only if over 10% WPI (practically has to be 11%) for physical injury & at least 15% WPI for psychological injury. Only one WPI claim Even if condition significantly deteriorates. Weekly payments For maximum of 5 years unless over 20% WPI. Weekly payments cease if insurer makes work capacity decision. This is now reviewable in Workers Compensation Commission. Pre-approved medical expenses Payable 2 years after weekly payments cease or date of injury; 5 years if 10-20% WPI; for life if over 20% WPI. Must be approved in advance by the insurer – usual need to prove that the expenses are reasonably necessary. Work injury damages Only if over 15% WPI & negligence.	General damages Injuries are assigned an Injury Scale Value (ISV) between 0 to 100, each having a monetary value. On 1/7/2017, 100 = $355,400. No entitlement to interest on general damages (s306N(1) WCRA). Past & future out-of-pocket expenses Past out–of-pocket expenses are calculated by reference to actual loss. Interest is claimable on actual out-of-pocket amount at rate set by the RBA (s306N(3) WRCA). In calculating the present value of future loss a discount rate of 5% is applied to decide actuarial multiplier (s306L WRCA). Past & future loss of earnings For past loss of earnings the maximum that can be awarded is the present value of 3 x the Queensland Ordinary Time Earnings (QOTE) per week (s306I WCRA). The current QOTE for 2018-2019 financial year is $1,527.80 gross (Workers’ Compensation & Rehabilitation (QOTE) Notice 2018). For future loss of earnings a discount rate of 5% is applied to decide actuarial multiplier (s306L, WRCA) plus generally a discount for contingencies & vicissitudes of life, conventionally 15%, is applied, but can vary depending on circumstances. Past & future loss of superannuation entitlements Current rate 9.5%; rate for future depends on anticipated years until retirement & eventual increase to 12% in 2025. Past claim for superannuation depends on the superannuation rate/entitlement at the date of injury, increasing if necessary, to the current 9.5%. Superannuation rate can be varied by contract. Interest is claimable for past loss of superannuation benefits on actual out-of-pocket amount at rate set by the RBA (s306N(3), WRCA). Past & future paid care Recoverable only if paid services are required post-injury. Generally, no damages awarded for gratuitous care or assistance.	A claim must be made within 6 months from the day the entitlement to claim arose (s30, RTWA). Economic loss Lump sum payments not available for hearing loss or psychiatric injury (s56, RTWA). Non economic loss Lump sum payments not available for psychiatric injury (s58, RTWA). Medical expenses Entitlement to medical expenses ends if worker has not been entitled to receive income support payments for 12 months, unless worker is ‘seriously injured’ (WPI of 30% or more) (s33, RTWA). Income support Paid for only 104 calendar weeks following injury unless worker is ‘seriously injured’ (WPI of 30% or more) (s39, RTWA). Common law damages Can be claimed only in the case of the death of a worker or if worker is ‘seriously injured’ (WPI of 30% or more) (s72, RTWA). Damages are payable only in respect of future economic loss (s73, RTWA).	Threshold of 20% whole person impairment (WPI) must be met in order to bring common law claim. Civil Liability Act 2002 (Tas) (CLA) does not apply.	Statutory scheme Claim should be lodged ‘as soon as practicable’. Weekly payments: Up to 130 weeks’ payment for full or partial incapacity. After 130 weeks must show: • permanent incapacity indefinitely • capacity for at least 15 hours per week, earning at least $199 per week (indexed annual) & unable to increase hours indefinitely due of work-related injuries. Payments made to retirement age (current federal retirement age). Lump sum impairment thresholds (s98C, ACA or s211, WIRC Act): • 10% physical • 5% for musculoskeletal • 30% psychiatric Common law 6-year limitation period applies. Worker must have a ‘serious injury’, satisfying: Deeming test – 30% WPI or more (s134AB(15), ACA or s335, WIRC Act); or Narrative test (s134AB(37), ACA or s325, WIRC Act) (a) Permanent serious injury or loss of a body function; or (b) Permanent serious disfigurement; or (c) Permanent severe mental or permanent severe behavioural disturbance or disorder; or (d) Loss of a foetus. For LOE, worker must establish permanent loss of 40% earning capacity or 30% WPI (s134AB(38), ACA or s325, WIRC Act). LOE damages: Minimum: $62,370 Capped at $1,404,380 General damages Minimum: $60,250 Capped at $611,430 Indexed yearly 6% multiplier applies.	Common law damages Must prove negligence on part of employer. Termination day is the last day a worker may elect for common law damages. Termination day may be extended by obtaining approved medical specialist forms 7 & 8 which state that injury has not stabilised; then worker must lodge an application at WorkCover WA to extend termination day for up to a maximum of another 12 months. Claim should be lodged within 12 months of injury. Categories for entitlement to common law damages – assessed by approved medical specialist for WPI. • 0% to 14% WPI: worker is NOT entitled to claim common law damages. • 15% to 24% WPI: worker can claim common law damages – capped maximum of $479,448 – but amount paid for workers’ compensation benefits is deducted. • 25% or above WPI: uncapped common law damages subject to proof of losses. Prescribed maximum amounts are increased each year on 1 July.
RECENT OR PROPOSED CHANGES	None.	RTWA (commenced 1/10/2015): • Limits workers compensation for LOEC to 5 years unless WPI is 15% or more. • Modified how lump-sum settlements are calculated. • Introduced specific provisions regarding heart attack & stroke. • Further modified the calculation of a worker’s normal weekly earnings. • Redefined when/in what circumstances a mental injury arises from the course of employment (COE).	Recent changes increased benefits for seriously injured workers after 2012 changes ended pain & suffering entitlements & reduced period of weekly payments. WC regulation amended 26/10/2015 to allow one more WPI claim if significant deterioration, as long as initial claim made before 19/6/2012.	None.	RTWA (came into operation on 1/7/2015) restored common law damages (although limited to future economic loss in cases of death & for seriously injured workers) but significantly capped entitlements to medical expenses & income support unless worker is ‘seriously injured’. SA government has restored entitlements for medical expenses & income support to police officers who are not ‘seriously injured’.	Workers Rehabilitation & Compensation Amendment Act 2017 (WRCAA) substituted s33A of Workers Rehabilitation & Compensation Act 1988 (WRCA), requiring an employer informed by a worker of an injury to inform the worker within 14 days that they may have a right to claim compensation for the injury. The WRCAA, s71A allows the WorkCover Tasmania Board to issue guidelines re assessment of the degree of impairment (notice must be provided in the Gazette). Only a medical practitioner accredited by the Board (s77B) may assess the degree of a worker’s impairment (s77A). s87 of the WRCA (relating to cessation on account of age of entitlement to weekly payments) amended to relate to pension age rather than a specific age.	None.	None.

2. TRANSPORT ACCIDENTS

	ACT	NORTHERN TERRITORY	NSW	QUEENSLAND	SOUTH AUSTRALIA	TASMANIA	VICTORIA	WESTERN AUSTRALIA
TYPES/HEADS OF DAMAGES	Unfettered common law damages: Road Transport (Third Party Insurance) Act 2008 (RTA). 3% multiplier applies.	Loss of limb or permanent impairment Loss of earning capacity (LOEC) Medical & rehabilitation expenses Long-term attendant care services (LTAC) Emergency travel benefit Cost of providing appliances, altering motor vehicles & buildings	*Before 1 December 2017* Non-economic loss if WPI over 10% (Motor Accidents Compensation Act 1999) Past & future economic loss Reasonable & necessary treatment & rehabilitation expenses & treatment travel costs Gratuitous assistance if personal/household tasks provided for over 6 hours per week for more than 6 months. Blameless accidents: insurer liable. No-fault Lifetime Care & Support (LTCS) Scheme for eligible participants. *On or after 1 December 2017* Non-economic loss if WPI over 10% (Motor Accident Injuries Act 2017) Past & future economic loss No-fault accidents: insurer liable. No-fault Lifetime Care & Support (LTCS) Scheme for eligible participants. No-fault statutory scheme (Motor Accident Injuries Act 2017): • Weekly payments: 1st entitlement period (13 weeks) at 95% of difference between pre-accident weekly earnings (PAWE) & post-accident capacity (PAC); 2nd entitlement period (14-78 weeks) at 80% of difference between PAWE & PAC for total loss of earning capacity (LOEC) or 85% partial for LOEC (ceases at 26 weeks if at fault or minor injury); 3rd entitlement period (after 78 weeks) at 80% of difference between PAWE & PAC for total LOEC or 85% PAWE for partial LOEC (ceases at 104 weeks unless there is a pending claim for damages; at 156 weeks unless there is a pending claim for damages & under 10% WPI; or at 260 weeks unless there is a pending claim for damages & over 10% WPI). • Reasonably necessary medical & related expenses, medical travel costs, domestic assistance, artificial aids, vocational training, home, work, educational & vehicle modifications, for 26 weeks if over 61% at fault or minor injury. If over 10% WPI & not at fault, entitlements are for life.	General damages (in accordance with the general damages calculation provisions in the Civil Liability Regulation 2014) Past & future out-of-pocket expenses Past & future loss of earnings Past & future loss of superannuation benefits Past & future care Motor Accident Insurance Act 1994 (MAIA) & Civil Liability Act 2003 (CLA) Note: CLA & Workers' Compensation & Rehabilitation Act 2003 (WCRA) can be excluded (meaning the plaintiff is entitled to common law damages for general damages, interest on general damages [2% of half of general damages] & no thresholds for past & future care) if plaintiff can prove that the employment was a significant contributing factor to the harm s/he sustained resulting from the breach of duty. This is only if the circumstances fall outside of what is prescribed at s34(1): being temporarily absent from work & s35: relating to various journey claims (WCRA).	Non-economic loss (general damages) If significantly impaired for at least 7 days or prescribed minimum expenses have been incurred (s52(3), Civil Liability Act 1936 (SA) (CLA)). Out-of-pocket expenses including medical expenses & paid care Gratuitous services (s58, CLA) Past & future economic loss Loss of dependency Loss of consortium Loss of solatium	General damages Past & future loss of earning capacity Superannuation Special damages Future medical & associated expenses (including attendant care)	‘No-fault’ statutory scheme 1. Medical, disability & rehabilitation expenses. 2. Loss of earnings (first 5 days excluded unless financial hardship) up to 18 months after the accident. Maximum benefit: $1,350 per week. Loss of earning capacity payments from 18 months to 3 years post-accident. 3. Lump sum impairment benefit – threshold of more than 10% WPI. Common law damages: to be entitled, must establish serious injury & negligence. General damages Past & future economic loss including superannuation. First 18 months after the accident precluded. Serious injury Injury is deemed to be serious injury if degree of impairment is 30% or greater WPI OR Narrative test (a) Permanent serious injury or loss of a body function; or (b) Permanent serious disfigurement; or (c) Permanent severe mental or permanent severe behavioural disturbance or disorder; or (d) Loss of a foetus. s93(17), Transport Accident Act 1986 (TAA). Common law damages Threshold: • General damages $54,720 • Economic loss $54,720 Maximum: • General damages $547,550 • Economic loss $1,232,060 (6% multiplier applies) Benefits indexed annually.	Non-pecuniary loss – general damages up to a maximum of $418,000 Out-of-pocket expenses Gratuitous services Care services Vocational rehabilitation Past & future economic loss Past & future medical treatment Travel
LIMITATIONS	No damages for treatment & care if Lifetime Care & Support Scheme (LTCS) participant. Significant costs restrictions if damages (not including non-economic loss) are less than $50,000 or if mandatory final offer is not exceeded (s156D, RTA). NDIS now overlaps with the common law for care & support with paybacks & preclusion periods.	Common law damages are abolished. The compensation scheme is ‘no fault’ & covers persons injured as a result of a motor accident (s5, Motor Accidents (Compensation) Act 1979 (MACA)). PI 208 times AWE x % WPI (s17, MACA). Compensation is scaled back as a percentage of the maximum between 5% & 15% impairment. LOEC Maximum amount 85% of AWE (s13, MACA). LTAC For injuries prescribed in the regulations at maximum prescribed rates. Payable for life (s18BC, MACA).	*Before 1 December 2017* Claims within 6 months & court proceedings within 3 years of accident. Non-economic loss: maximum currently $546,000. Contributory negligence applies. LTCS participation limited to spinal cord or brain injuries, serious burns, amputees or permanently blind. Lost income: maximum of $5,008 per week; 5% discount for future economic loss. No exemplary or punitive damages. *On or after 1 December 2017* Claims for: • statutory benefits should be lodged within 28 days to claim all benefits (or 3 months at the latest); • common law claims between 20 months & 3 years from the date of accident if insurer is not satisfied that claimant is over 10% WPI or within 3 years if insurer is satisfied that claimant is over 10% WPI & court proceedings within 3 years of accident. Non-economic loss: maximum currently $546,000. Contributory negligence applies. LTCS participation limited to spinal cord or brain injuries, serious burns, amputees or permanently blind. Lost income: maximum of $4,039 per week; 5% discount for future economic loss. No exemplary or punitive damages.	General damages Injuries on or after 1/12/2002 are assigned an Injury Scale Value (ISV) between 0 to 100, each having a monetary value (s61, CLA). On 1/7/2017, 100 = $367,300. No entitlement to interest on general damages (s60(1)(a), CLA). Past & future out-of-pocket expenses For past loss, damages are awarded in accordance with actual losses. Interest is claimable for past out-of-pocket expenses on actual out-of-pocket amounts at rate set by the RBA (s60(3), CLA). Discount rate on any claim for future expenses is 5% (s61(4)(b), Civil Proceedings Act 2011). Past & future loss of earnings (LOE) Maximum that can be awarded is 3 x AWE (s54, CLA). Interest is claimable for past LOE on actual amount lost at rate set by the RBA (s60(3), CLA). Discount rate on any claim for future loss of earnings is 5% (s61(4)(b), Civil Proceedings Act 2011). Past & future loss of superannuation benefits As for workers’ compensation section above. The maximum amount claimable is the minimum percentage required by a written law to be paid (s56, CLA). Past & future care Damages for gratuitous services provided to an injured person can be awarded if services are necessary, & arose solely out of the injury for which damages are awarded & they were provided for at least 6 hours per week for at least 6 months (s59, CLA). Damages for gratuitous services provided by the injured person to another person may be recoverable in certain circumstances (s59A, CLA). Discount rate on any claim for future care is 5% (s61(4)(b), Civil Proceedings Act 2011). No entitlement to interest on past gratuitous services (s60(1)(b), CLA).	Time limit is 3 years from date of cause of action (s36, Limitations of Actions Act 1936 (SA) (LAA)). 12-month extension of time can be obtained from date of new material fact (s48, LAA). Loss of dependency Claims must be lodged within 3 years of date of death (s25, CLA). Court must discount loss of financial dependency by at least 20% (s58B, CLA). Non-economic loss ISV must exceed 10 to be awarded damages. No interest available on damages (s56, CLA). Maximum award after 1/7/2017 is $327,910. Gratuitous services Cannot exceed 4 x AWE (s58(2), CLA). ISV must exceed 10 & services must be rendered for at least 6 hours a week for 6 consecutive months (s58(4), CLA). No damages for treatment or care for participants in Motor Vehicle Accidents (Lifetime Support Scheme) Act 2013 (SA) (MVA)). Future economic loss (FEL) ISV must exceed 7 to be awarded damages; court must discount at least 20% (s56A, CLA). Funds management not claimable (s57, CLA). Loss of consortium ISV must exceed 10 to be awarded damages (s65, CLA). Loss of solatium Not exceeding $10,000 (s29(1)(b), CLA). Damages for mental harm Awarded only for recognised psychiatric illness. Plaintiff must also have physical injury or be a parent, spouse or child of person killed, injured or endangered in an accident (s53, CLA).	General damages $0 for amounts less than $5,500. Amounts more than $5,500 but less than $27,000 (indexed yearly to CPI) are calculated at 1.25 x amount assessed. If damages exceed $27,500, then the amount is equal to the amount assessed (s27, CLA). Loss of earning capacity Cannot be calculated at a rate greater than 3 x AWE calculated by ABS prior to accident (s26, CLA). Superannuation The relevant % payable for the deprivation or impairment of the earning capacity on which the entitlement to those contributions is based (s25, CLA). Fox v Wood NOTE: Future medical expenses can be excluded if court certifies that daily care is required. NOTE: In 2017 the Criminal Code Amendment (Dangerous Driving) Act 2017 amended s24 of the Motor Accidents (Liabilities & Compensation) Act 1973 so that ‘dangerous driving’ would exclude a driver from scheduled benefits.	Claim must be lodged within 1 year of the date of accident, the injury manifesting or death. If the TAC considers grounds for a delay in making a claim are reasonable, it may accept a claim lodged after 1 year but prior to the expiration of 3 years (s68, TAA). Minor’s claim (under 18 at time of accident) must be lodged before the age of 21 or within 3 years after the transport accident; whichever occurs later. Review of decision made by TAC 12 months after the person becomes aware of the decision or within 3 months of the TAC affirming the decision if the decision has been subject to a pre-issue review under the protocols. Common law Adults – 6 years from date of accident. Minors – 6 years from the date of 18th birthday.	3-year limitation period (Limitation Act 2005 (WA)). Claim should be lodged within 12 months of date of accident. Loss of earnings cannot be paid at more than 3 x the AWE calculated by ABS prior to accident. Gratuitous services Value must exceed the threshold of $6,500 before any payment for gratuitous services is awarded. General damages Maximum capped at $418,000; increases every financial year. Threshold for entitlement to general damages is 5.5% non-pecuniary loss = $22,990 (but deductible of $21,500 means that claimant for 5.5% pain & suffering gets $1,490) (Motor Vehicle (Third Party Insurance) Act 1943).
RECENT OR PROPOSED CHANGES	None.	Changes to entitlement for attendant care services apply in respect of injuries received on or after 1/7/2014.	Significant changes came into effect on 1/12/2017. Thresholds have left a large number of injured persons without entitlements to gratuitous services & a reduction in overall lump sum claims.	The National Injury Insurance Scheme (NIIS) applies to those suffering serious personal injury on or after 1/7/2016 from a motor accident (s4, National Injury Insurance Scheme (Queensland) Act 2016). A ‘serious personal injury’ includes a permanent spinal cord injury; traumatic brain injury; amputation of a leg through or above the femur, or of more than 1 limb or parts of different limbs; full thickness burn to all or part of the body; an inhalation burn resulting in a permanent respiratory impairment; or permanent blindness caused by trauma. Each serious personal injury has set criteria that a person must meet to qualify for the scheme (ss5 to 11 National Injury Insurance Scheme (Queensland) Regulation 2016). Eligible participants could be entitled to interim &/or lifetime treatment, care & support needs regardless of fault or age.	Significant changes, including introduction of ISV & thresholds, came into effect on 1/7/2013. Thresholds have left a large number of injured persons without entitlements to non-economic loss, gratuitous services & future economic loss.	None.	Treasury & Finance Legislation Amendment Act 2018 amends the TAA, assented to on 26/9/2018. • Definitions of dependent child & surviving partner now include ‘an apprentice’; • TAC entitlements expanded retrospectively to 9/7/2014 to cyclists who collide with stationary/parked vehicles; • Increased entitlements for parents/ grandparents visiting injured children in hospital; • Additional attendant care entitlements for a person travelling overseas for work; • Allowance for payment of professional administrators’ fees; • Requirement for the TAC to reassess level of impairment of a person in receipt of loss of earning capacity benefits every 5 years changed from ‘must’ to ‘may’.	None.

3. DEPENDENCY

	ACT	NORTHERN TERRITORY	NSW	QUEENSLAND	SOUTH AUSTRALIA	TASMANIA	VICTORIA	WESTERN AUSTRALIA
TYPES/HEADS OF DAMAGES	The court may award damages to the beneficiaries that it considers is proportional to the damage they have suffered resulting from the death (s25(1), Civil Law Wrongs Act 2002 (CLWA)). Damages awarded are for pecuniary loss only. There can be only one action in respect of the deceased. Damages for pecuniary loss is the loss of a reasonable expectation of benefit. The expected benefit may be in the form of services as well as financial support (Nguyen v Nguyen (1990) 169 CLR 245). Loss of domestic services Damages may be awarded for any loss of domestic services that the deceased might reasonably have been expected to perform for his or her household (s100, CLWA). Loss of financial support Damages for loss of financial support include pecuniary benefits on which the dependant would have been entitled to rely had the deceased’s life not been brought to an end (Public Trustee v Zoanetti [1945] HCA 26; (1945) 70 CLR 266). Reasonable funeral expenses (s25(4)(a), CLWA). Reasonable medical or hospital expenses (s25(4)(b), CLWA).	A claim for lost expectation of benefit (lost dependency) based on tort can be brought under the Compensation (Fatal Injuries) Act 1974. Damages (set out in s10) may include: • Lost expectation of benefit (financial benefit & domestic services); • Burial & pre-death medical expenses of the deceased; • Impairment of consortium; • Loss of care & guidance for a child by the deceased parent; • Solatium (payment permitted only in NT & SA). Return to Work Act 1986, s62 provides for payment of: • costs of the deceased’s funeral not exceeding the prescribed amount (20% AWE at the relevant time); • An amount to worker’s dependants in prescribed proportions or as the court determines – equal to 364 x AWE at the time the payment is made; • A reasonable amount (not to exceed a prescribed amount) for counselling costs & expert financial advice. Motor Accidents (Compensation) Act 1979 sets out benefits to be paid in respect of the death of a qualifying person (Part 5, s20). • Costs of the deceased’s funeral not exceeding 5.2 x AWE (s22). • An amount for the benefit of the qualifying person's spouse &/or dependent child: 156 x AWE at the time the payment is made (s22). • Dependent children’s benefits per week amounting to 10% x AWE at the time the payment is made (the aggregate for multiple children not exceeding AWE) (s23). • Dependent parents benefit. Where the qualifying person has neither a spouse nor a dependent child, a dependent parent/s who normally resides with the person shall be paid an amount equal to 156 x AWE (in equal shares if more than one) (s24).	Loss of deceased’s financial support Loss of deceased’s gratuitous assistance Reasonable expenses of the funeral or the cremation of the deceased (Compensation to Relatives Act 1897)	One action is brought by the personal representative of the deceased or by any 1 or more of the members of the deceased’s family who suffered damage because of the death, for the benefit of the members of the deceased’s family (s65(2), Civil Proceedings Act 2011). Loss of past & future financial dependency The basic principle applicable to the award of damages for wrongful death is that only pecuniary loss is recoverable. Interest is recoverable for past losses pursuant to relevant rates set out in s60(3), Civil Liability Act 2003 (CLA) for motor accident claims & s306N(3), Workers' Compensation & Rehabilitation Act 2003 (Qld) (WCRA) for claims for the death of workers. Compensation for loss of future financial dependency is claimable to the extent of the financial benefit the claimants expected to derive from the deceased during the deceased’s life (Public Trustee v Zoanetti [1945] HCA 26; (1945) 70 CLR 266). Past & future domestic services Damages for loss of consortium or loss of servitium NOTE: The current Queensland Ordinary Time Earnings (QOTE) for 2018-2019 financial year is $1,527.80 gross (Workers’ Compensation & Rehabilitation (QOTE) Notice 2018).	Loss of financial dependency Action brought by executor/administrator (s24, Civil Liability Act 1936 (SA) (CLA)) or directly by the dependant(s) in limited circumstances (s27, CLA). Awarded if dependant had a ‘reasonable expectation of benefit from the deceased’ (derived from Lord Campbell’s Act). Expectation of benefit may be in the form of financial maintenance & support (through deceased’s earnings/pension, etc) or gratuitous/unpaid domestic services (Nguyen v Nguyen (1990) 169 CLR 245). Damages awarded on contingency/loss of chance basis (Davies v Taylor [1974] AC 207 [HL]). Payments consequent upon death from contracts of insurance, superannuation scheme & other similar schemes not to be taken into account in assessing damages (s24(2aa), CLA). Court apportions total sum in damages to dependants based on individual harm suffered (s24(2), CLA). Funeral & medical expenses Damages may be awarded to dependant who has incurred medical &/or funeral expenses on behalf of the deceased, as a result of the injury causing the death (s24(2a), CLA). Damages for solatium: death of infant Sum payable to the surviving parent/s of an infant wrongfully killed (s28, CLA). Sum not exceeding $10,000 payable (s28(1)(B), CLA). Where both parents bring a claim, the total sum awarded (not to exceed $10,000) to be divided in such shares as the court directs (s28(2), CLA). Death of spouse/domestic partner Sum payable to surviving spouse &/or domestic partner (s29, CLA). Sum not exceeding $10,000 payable (s29(1)(B), CLA). Where spouse & partner both bring a claim, the total sum awarded (not to exceed $10,000) to be divided in such shares as the court directs (s29(2 & 3), CLA).	Fatal Accidents Act 1934 Applies to situations of general negligence; other specific references to dependency are in both motor accidents & workers’ compensation legislation sections above. Applies to members of the deceased’s family including: spouse, partner, parent, stepparent, grandparent, child, stepchild, brother, sister, half-brother or half-sister; & partner as defined within the Relationships Act 2003. This Act ensures that, where a person dies due to negligence, the action arising from that negligence can still be pursued. This is usually done by the executor or administrator of the estate of the deceased person (or one of the people beneficially interested if an executor does not exist) & for the benefit of family members. Motor Accidents (Liabilities & Compensation) Act 1973 Workers Rehabilitation & Compensation Act 1988	For deaths in course of employment Statutory scheme with limited common law access. For deaths after 12/11/2007 • Ancillary services including burial & counselling services • Weekly payments of compensation • Lump sum benefit Weekly payments Partners & orphaned children First 13 weeks after death: 95% worker’s pre-injury AWE (max $2,300 per week); 14-130 weeks after death: 50% worker’s pre-injury AWE (max $2,300 per week), shared equally between partners. Orphans paid equivalent to dependent partner to age 16, or 25 if full-time student. Fewer than 5 children 5% worker’s pre-injury AWE (max $2,300 per week), shared equally. Paid to age 16, or 25 if full-time student. More than 5 children 25% worker’s pre-injury AWE (max $2,300 per week), shared equally. Paid to age 16, or 25 if full-time student. Lump sum benefit (indexed) 1 partner with no child, or only orphan children: $611,430 (shared equally among orphan children). 1 or more partners, 1 child: $61,140 to child, balance to partner/s (shared equally). 1 or more partners, 2-5 children: $30,570 to each child, balance to partner/s (shared equally). 1 or more partners, 6+ children: $458,580 to partner/s (shared equally), balance to children (shared equally). Magistrates Court or insurer determines reasonable share up to $611,430 in case of: • dependent child (not an orphan), no partner; • 2 or more dependent children (not orphans), no partner; • other dependent persons, no partner, no children; • workers under 21, no partner or children. Transport accidents Statutory entitlements for surviving partner/s 1. One-off lump sum to a ‘surviving partner’ of up to $185,140 (amount based on age, family circumstances & prior impairment payments & divided between more than one surviving partner & any dependent children applying formulae outlined in s57 of the TAA). A person’s surviving partner is a dependent partner if but for the person’s injury or death they would have been wholly, mainly or in part dependent on them for economic support OR for the care of their children. 2. Weekly payments to a surviving partner of an earner who dies as a result of a transport accident are capped at $1,350 per week (indexed) rate calculated by applying formula outlined in s58 of the TAA). Weekly payments continue for: a) 5 years after the person’s death; or b) when the surviving partner attains the pension age, whichever is first; and c) in accidents after 25/9/2018 where the surviving partner & earner have a dependent child under 16 or between 16 & 25 if full-time student or apprentice (& does not themselves have a partner). 3. Funding for household & childcare that the partner was responsible for. Statutory entitlements for dependent children (s59, TAA) A dependent child of a person who dies as a result of a transport accident but is not a dependent child of the surviving partner who is entitled to payments under s57 or 58 TAA, is entitled to: 1. One-off lump sum of up to $185,140. If more than one dependent child (see definition above), the lump sum will be divided equally between them. The benefit is paid to State Trustees if child was under 18 at the time of the accident. If the person who died also had a surviving partner, the benefit will be divided based on the formula in s57 TAA. 2. Weekly payment of $188 for each dependent child (made to legal guardian) until child turns 16 or 18 if child a full-time student or apprentice. The entitlement for apprentices is applicable to accidents after 26/9/ 2018. 3. Education allowance of $2,950pa is payable to the guardian for each dependent child until age 16 or 18 if child a full-time student. Wrongs Act (1958) claims • Action brought on behalf of all dependants jointly. • Entitlement requires establishing financial dependency & negligence. • Damages available for loss of income & services. • Maximum damages is $896,850 & may be reduced by amount of statutory benefits.	General damages Out-of-pocket expenses Gratuitous services Care services Medical expenses Funeral expenses Vocational rehabilitation Past & future economic loss Past & future medical treatment Travel Fatal Accidents Act 1959 Workers’ Compensation & Injury Management Act 1981
LIMITATIONS	Claim must be made within earlier of 9 months of accident or 1 month (motor accident claims) or 4 months (other civil claims) of instructing a lawyer. Court proceedings must commence within 3 years of accident or 3 years of admission of liability. Contributory negligence does not apply (s27, CLWA). Loss of financial support The court must disregard earnings above 3 x ACT AWE (s98, CLWA). No damages for dependant’s grief or suffering No exemplary or punitive damages	Compensation (Fatal Injuries) Act 1974 Section 8 provides that not more than one action may be brought against any one person in respect of a death, & it must be brought by the personal representative of the deceased for the benefit of those members of the deceased’s family who sustained damage because of his/her death. However, if 6 months or more have passed since the death an action may be brought by one of those persons for whose benefit the action may be brought (s13). Limitation period of 3 years for an action founded on tort (s12, Limitation Act 1974). In assessing damages, no account must be taken of the matters set out in s10(4) such as: • Variously, a sum paid pursuant to a contract of insurance; superannuation payment; statutory entitlement; gratuity; insurance premium. • Any amount in respect of the realisation of the deceased’s home or household contents. • Any gain or benefit accruing to the deceased’s estate or beneficiary of an action by reason of the death. • The marriage/defacto relationship of a surviving spouse. Section 10(5) provides that a payment made as a result of a settlement, release or judgment in respect of the wrongful act, neglect or default causing his or her death made, given or obtained by the deceased person within 6 months of the wrongful act, neglect or default must be taken into account in assessing damages. Part 4 of the Personal Injuries (Liabilities & Damages) Act 2003 (PILDA) applies in addition to, & not in derogation of, s10 of the Compensation (Fatal Injuries) Act 1974 as regards assessing damages & the making of orders to pay damages. Eg, s20, PILDA caps damages for lost expectation of financial support to 3 x AWE as published before 1 January preceding the date on which the assessment is made. Importantly, s14 of the Compensation (Fatal Injuries) Act 1974 provides that before an action can be commenced, the names of each person who will benefit from it & their relationship to the deceased must be specified. Return to Work Act 1986 Proceedings for recovery of compensation must be commenced within 6 months after advice of the death has been received by the claimant (s182). Motor Accidents (Compensation) Act 1979 The Motor Accidents (Compensation) Commission (the Commission) may refuse to consider a claim made later than 6 months after the date of the accident & shall refuse to do so in respect of a claim made later than 3 years after the accident (s31). Benefits are payable in respect of a person who: (a) Dies in or as a result of a motor accident in the NT. (b) Is a resident of the NT & dies in a motor accident outside the NT but within Australia in a NT-registered motor vehicle (s7). Benefits payable under Part 5 (except funeral expenses) may be reduced if the qualifying person was under the influence of alcohol which contributed to the accident or was engaged in risky behaviour & recklessly ignored that risk (to the extent that those matters contributed to the accident) (s20A). If, in the opinion of the Commission, a person injured as a result of a motor vehicle accident is likely to permanently remain a full-time patient in a hospital or institution, the Commission may determine that Part 5 applies in respect of that person such that the person is deemed to have died on the date of that determination (s21).	Claim must be made within 6 months (motor vehicle accident before 1/12/2017) or within 3 months for funeral expenses (motor vehicle accident on or after 1/12/2017). Court proceedings must commence within 3 years of the accident. Contributory negligence applies. Lost income Maximum of $3,723.90 per week (public liability), $5,008 per week (motor vehicle accident before 1/12/2017), $4,039 per week (motor vehicle accident on or after 1/12/2017); 5% discount for future economic loss applies. No exemplary or punitive damages. There can be only one action in respect of the deceased.	Loss of past & future financial dependency A court cannot reduce damages by the amount of benefits received on the death of the deceased under a contract of insurance, made by a friendly society or other benefit society, or association or trade union, superannuation or similar fund, pension, benefit or allowance under a law of the Commonwealth or any state, or a gratuity (s70 Civil Proceedings Act 2011). A court cannot take into account any financial benefits a spouse may receive as a result of a new relationship the spouse may enter into in the future (unless spouse was in a new relationship at the time of deceased’s death). Nor can damages to which the child may be entitled as a result of the surviving parent’s new relationship be reduced (ss67 & 68, Civil Proceedings Act 2011). However, a general reduction at common law is often made to account for contingencies & vicissitudes of life. Past & future domestic services The Motor Accident Insurance Act 1994 (MAIA) places restrictions on the dependant’s ability to recover past & future domestic services. Eg: (i) Damages can be awarded for gratuitous domestic services provided by an injured person if they die as a result of the injuries (s59A(2)(a)(i), CLA); (ii) The injured person must have provided services, or would have provided services (s59A(2)(c), CLA); (iii) The recipient must have resided with the injured person or be an unborn child to the injured person (s59A(2)(b), CLA); (iv) The recipient was or will be incapable of performing the services due to their age or physical or mental incapacity (s59A(d), CLA); (v) The injured person would have provided the services for 6 hours a week for at least 6 months (s59A(2)(e), CLA). However, a court can still award s59A damages if this threshold is not satisfied if it is reasonable in all of the circumstances (eg, if there was shared custody arrangement) (s59A(4), CLA). Past & future care principles remain the same as set out in the workers compensation damages section above. Damages for loss of consortium or loss of servitium are not recoverable under MAIA. If the deceased is a worker with a claim under the WCRA, a court can assess damages for loss of servitium at a maximum of 3 x QOTE per week (s306M, WRCA). No entitlement for damages for grief, sorrow or distress as a result of the death For motor vehicle claims, funeral expenses are not recoverable under the Civil Proceedings Act 2011. To recover this head of damage a claim must be made by the estate (Pearce v Nominal Defendant (Qld) [1964] Qd R 312). However, funeral expenses are recoverable if the person was a worker & the death from injury arose out of, or in the course of employment & employment is a significant contributing factor to the cause (s199, WCRA). If at least 1 of the worker’s dependants was totally dependent on the worker, a lump sum benefit is payable to the worker’s dependants (s200, WCRA; see s201 for Partial Dependency): (i) If there are dependent members of the family, $374,625; (ii) If there is a totally dependent spouse, $10,000; (iii) If there is a totally dependent spouse & dependent members under 6, a weekly amount equal to 8% of QOTE; (iv) If there is a totally dependent spouse & dependent members under 16 or students, $20,000 for each member (other than the spouse); (v) If there are dependent members of the worker’s family or a child of the worker’s spouse who were totally dependent on the worker’s earnings & who are under 16 or students, the weekly amount payable is 10% of QOTE while a dependent member or child is under 16 or a student; (vi) If there are no dependants but the worker is survived by a spouse, issue or next of kin within the meaning of the Succession Act 1981 the amount payable is 10% of $374,625 (s201A WCRA); (vii) If the worker is under 21 & is survived by a parent, the compensation payable to the parent is $22,500. This is the total amount payable; if survived by 2 parents, the amount payable to each parent is decided by the insurer (s202, WCRA).	Time limit Claim must be made within 3 years from date of death (s25, CLA). Limited class Actions can be brought only for the benefit of (or by) a limited class of persons: spouse, domestic partner, parent, brother, sister or child of the deceased (ss24 & 27, CLA). One claim only Only one action can be brought for all dependants (s25, CLA). Economic loss Prescribed maximum applies for loss of earnings (s54(3), CLA). Interest No interest is available on economic or future loss (s56, CLA). Funds management Not claimable (s57, CLA). Additional limitations for deaths arising from MVAs (since 1/7/2013): • Damages not awarded unless court considers dependant had greater than 20% chance of deriving a particular benefit from the deceased (s58B, CLA). • Damages awarded are to be further discounted by 20% after applying discount rate (if any) (s58B, CLA).	Fatal Accidents Act 1934 does not provide a statutory compensation scheme but enables, through statute, the executor or administrator of an estate to bring an action for compensation, where that action arises due to negligence causing death of a person. Motor Accidents (Liabilities & Compensation) Act 1973 If a person dies from an injury as a direct result of a motor vehicle accident, the Motor Accidents Insurance Board (MAIB) is liable to pay funeral benefits & death benefits to their personal representative, & benefits to family members for counselling services. What MAIB pays, however, is subject to what the regulations prescribe, including any limits on the amount claimable (s23(4)). The MAIB will pay up to $11,070 in funeral benefits to cover reasonable costs associated with burial or cremation (gravestone or plaque costs not covered). For accidents on or after 1/8/2012, a lump sum of $77,000 is payable to the deceased’s dependants. If there are 2 or more dependants, of whom at least 1 is a dependent child, an additional lump sum is payable to the child depending on his/her age & dependency. Workers Rehabilitation & Compensation Act 1988 If a worker dies as a result of a compensable work injury, a lump sum not exceeding 415 units together with a weekly payment according to the basic salary for each year is payable to the dependent spouse or, where there is no dependent spouse, the dependent children. Where there is a dependent spouse & children (who are not children of the spouse but children of the deceased), or a partially dependent spouse & no dependent children, or a partially dependent spouse & wholly or partly dependent children, the lump sum is calculated & apportioned according to the dependency of each party (s67). NOTE: where a worker has no dependants but was contributing towards maintenance of the home of his/her family members, those members are taken to be dependants. Weekly payments payable to a partially or wholly dependent spouse are based on the deceased worker’s entitlements had they become totally incapacitated: 100% of the amount for the first 26 weeks following death; 90% from 26 weeks to 78 weeks; & 80% of the payment from 78 weeks to 2 years from the date of death. If the worker had been receiving workers’ compensation due to injuries suffered, & died as a result of those injuries following the compensation payment, more than 78 weeks after receiving those injuries, the dependent spouse is entitled to 80% of the weekly payment (expiring at 2 years) (s67A). A dependent child is entitled to weekly payments of 15% of the basic salary commencing 13 weeks after the date of death. This payment is made to the parent or child’s guardian (s67D). Where a weekly payment claim is made within 14 days of the deceased’s normal pay day, the employer must start these payments on the same pay day, or no later than 14 days following receipt of that claim (s67B). Weekly payments are payable from the date of death or 28 days prior to the date on which the claim was given to the employer (whichever is later). If 2 claims are made, payment is divided equally unless the Workers’ Rehabilitation & Compensation Tribunal determines otherwise. Payments to a spouse are to be made on the days on which, & at the intervals at which, the worker’s salary would normally have been paid. Payments to a child are payable fortnightly, monthly or quarterly as determined between the employer, the employer’s insurer & the person to whom the payment is made (s67D). Payments are not an admission of liability where an employer has received a claim for compensation & (whether accepting liability or not) makes weekly payments relating to that claim. If the payment is disputed, the employer or their insurer must notify the dependant(s) of the matters in dispute & why in writing, & refer them to the Tribunal. Failure to dispute liability is taken to accept liability including the entitlement to compensation & dependency or the degree of dependency (s67G). If there is any failure to agree as to the deceased’s dependants & the distribution of payment between them, the matter can be referred to the Tribunal (s68). An employer which has accepted or is taken to have accepted liability to pay compensation is also liable to compensate the worker’s dependants for reasonable expenses necessarily incurred as a result of the worker’s injury for: medical services, hospital services, constant attendance services, rehabilitation services, household services, road accident rescue services, ambulance services, the worker’s burial or cremation, & reasonable counselling costs (s75). Compensation for these expenses does not restrict compensation payable under any other provision of the Act. Additional compensation for travel expenses may be available for attending medical appointments or rehabilitation services by the worker prior to death (s76). Any claim for damages is not prevented by compensation in the form of a lump sum &/or weekly payments. Any statutory compensation paid, however, is regarded as payment towards discharging that liability, & reduces the amount of damages accordingly. Any award of damages made without the dependant having made & received a compensation claim extinguishes the right to any statutory claim to compensation (s133). Proceedings where more than 1 dependant is entitled to compensation should be brought jointly (s138).	Work-related deaths Claim to be lodged within 2 years of the worker’s death (or within 6 months of relevant service where claim for medical & like expenses, burial/cremation expenses, family counselling claim). Common law entitlement expires 6 years after the date of death pursuant to the Wrongs Act. NOTE: Time limit generally for Part III of the Wrongs Act 1958 is 3 years; WorkCover legislation allows for 6-year limit. Damages Maximum damages $998,970 (indexed) less any sum received by way of dependency benefits. Transport accident-related deaths Claim for dependency benefits to be lodged within 1 year of the death. If the TAC considers there are reasonable grounds for a delay in making a claim, it may accept a claim lodged after 1 year but prior to the expiration of 3 years after death (s68, TAA). Claims pursuant to the Wrongs Act can be made up to 6 years after the death.	Limitation Act 2005 (WA), s14 3-year limitation period from date of injury (some exceptions, s39, where court may extend time to commence actions for personal injuries under the Fatal Accidents Act 1959 (WA)). Fatal Accidents Act 1959 (WA), notably ss4, 5 & 6. Law Reform (Miscellaneous Provisions) Act 1941 (WA), s4. Workplace fatalities Workers’ Compensation & Injury Management Act 1981 (WA), schedule 5, entitlements to dependants of deceased workers: Lump sum payable to dependant capped at $570,786. Child’s allowance per week (made through WorkCover): $135.00. Workers’ medical expenses, uncapped reasonable expenses. Funeral expenses capped at $9,903 (indexed annually according to CPI). Traffic fatalities Fatal Accidents Act 1959 (WA), s4, where a person’s death is caused by a wrongful act, neglect or default, & the person would have been entitled to damages had they survived but instead only suffered injury, then the person who caused the death will be liable to an action for damages. Unless an action is made subject to the exception in the Law Reform (Miscellaneous Provisions) Act 1941 (WA), an action for damages will not include pain & suffering. Dependants may seek compensation for non-pecuniary & pecuniary losses subject to the following: Motor Vehicle (Third Party Insurance) Act 1943 (WA), notably ss3C, 3E, 3F, 7, 8. Motor Vehicle (Third Party Insurance) Regulations 2009 (WA), reg 7. Law Reform (Miscellaneous Provisions) Act 1941 (WA), s4(2). Thresholds 2018/19 General damages are based on a percentage of the maximum amount payable. • Amount A: $418,000 (maximum amount payable) • Amount B: $21,500 (threshold/deductable) • Amount C: $63,500 (deductible decreases over this amount – no deductible for amounts > $85,000) • Amount D: $6,500 (threshold for gratuitous services) Public liability fatalities Fatal Accidents Act 1959 (WA) Any medical expenses incurred as a result of the injury which caused death. Any funeral expenses of the deceased if expense was incurred by the party to benefit from the action brought. Civil Liability Act 2002 (WA) (CLA) Lump sums for general damages Under the WA CLA, claims for damages for personal injuries under the law of WA are now subject to a statutory threshold for damages for ‘pain & suffering’. The threshold has the following effects: • for general damages awards under $21,500 there is no award of damages; • for general damages awards between $21,500 & $63,500, the first $21,500 is deducted; • for general damages awards between $63,500 & $85,000, there is a gradually reducing deductible; • for general damages awards in excess of $85,000 there is no deductible. Lump sum payments for pecuniary loss Past economic loss due to loss of earnings & future economic loss due to loss of prospective earnings calculated on a basis of weekly earnings. This is, however, limited to being no more than 3 x the national AWE as at the date of the award.
RECENT OR PROPOSED CHANGES	None.	None.	None.	None.	None.	None.	None.	None.

Jacinta Northam is a Senior Associate at Maurice Blackburn’s Canberra office with broad experience in personal injury law. EMAIL [e-mail].

James Treloar is a Partner at Maliganis Edwards Johnson specialising in personal injury claims. EMAIL [e-mail].

Niall Connolly is an Associate at Slater and Gordon’s Sydney office, working primarily in medical law. He was previously Special Counsel at Ward Keller in Darwin. EMAIL [e-mail].

Kerry Byrnes is a personal injuries compensation lawyer at Maurice Blackburn’s Parramatta office. EMAIL [e-mail].

Monica Liesch is a personal injury compensation Associate at Maurice Blackburn’s Parramatta office. EMAIL [e-mail]

Charmaine Bastin is a personal injuries lawyer and Associate at Maurice Blackburn’s Sunshine Coast office. EMAIL [e-mail].

Ric Traini is a personal injuries lawyer at Maurice Blackburn’s Adelaide office specialising in medical negligence and institutional abuse. EMAIL [e-mail].

Gabby McDonald is a solicitor at Blumers Lawyers in Tasmania. EMAIL [e-mail].

Jaz Goddard is a work injury compensation Associate at Maurice Blackburn’s Geelong office. EMAIL [e-mail].

Caitlin Stove is a road accident compensation Associate at Maurice Blackburn’s Geelong office in Victoria. EMAIL [e-mail].

Helen Parker is a personal injury Associate at Maurice Blackburn’s Perth office. EMAIL [e-mail].

Lindsay Allan-McConchie is a personal injuries lawyer at Maurice Blackburn’s Perth office. EMAIL [e-mail].

The workers compensation and transport accidents sections are updated versions of a table that was previously published in Precedent, March/April 2016, issue 133 on catastrophic injuries. Contributors to that table included Emma Reilly (ACT); Niall Connolly (NT); Tanya Segelov and Fiona Seaton (NSW); Sara Anderson (Qld); Anne Hoffman (SA); Emma White (Tas); Lauren Freeman, Deidre Petrakis and Sarah Thorn (Vic); and Kacey Wuelfert and Fatima Verdingola (WA).