Civil Liability Act 2002 NSW Indexed by Keyword

Keyword Aircraft damage by falling Aircraft trespass or nuisance Apologies Assumption of risk Obvious risk assumption of risk obvious risk presumed to be aware Assumption of risk inherent risk assumption of risk obvious risk - no proactive duty to warn causation - negligence general principles

Section 73 72 69 5F 5G 5I 5H 5D

Description Surface damage by aircraft or articles falling from aircraft Trespass or nuisance by aircraft Effect of apology on liability Meaning of obvious risk Injured persons presumed to be aware of obvious risks No liability for materialisation of inherent risk No proactive duty to warn of obvious risk General principles

Part
Part 12 Damage by aircraft Part 12 Damage by aircraft Part 10 Apologies Part 1A Negligence Part 1A Negligence

Division

Paine

Page 73 72 70 8 8 9 8 7

Division 4 Assumption of risk Division 4 Assumption of risk

129 T 255 T 255 T 8.48 129 T 1.43 129 T 4.35 8.46 9.57 11.26 11.52 1.11 129 T

Part 1A Negligence Part 1A Negligence

Division 4 Assumption of risk Division 4 Assumption of risk

Part 1A Negligence

Division 3 Causation

Causation - proof onus of Child birth of limitation of award Contractual duty of care Contributory negligence standard Contributory negligence Compensation to Relatives Contributory negligence defeat claim Criminals Criminals Criminals Criminals Criminals

5E 71 5N 5R 5T 5S 51 52 53 54 54A

Onus of proof Limitation of the award of damages for the birth of a child Waiver of contractual duty of care for recreational activities Standard of contributory negligence Contributory negligenceclaims under the Compensation to Relatives Act 1897 Contributory negligence can defeat claim Part applies to civil liability for death, injury or property damage No civil liability for acts in self-defence 53 Damages limitations apply even if self-defence not reasonable response Criminals not to be awarded damages Damages limitations if loss results from serious offence committed by mentally ill person

Part 1A Negligence Part 11 Damages for the birth of a child Part 1A Negligence Part 1A Negligence Part 1A Negligence Part 1A Negligence Part 7 Self-defence and recovery by criminals Part 7 Self-defence and recovery by criminals Part 7 Self-defence and recovery by criminals Part 7 Self-defence and recovery by criminals Part 7 Self-defence and recovery by criminals

Division 3 Causation

8 71
255 T 255 T 255 T 255 T

Division 5 Recreational activities Division 8 Contributory negligence Division 8 Contributory negligence Division 8 Contributory negligence Division 1 Limitations on damages Division 1 Limitations on damages Division 1 Limitations on damages Division 1 Limitations on damages Division 1 Limitations on damages

11 13 13 13 59 59 60 60 61

Keyword Criminals Criminals Criminals Criminals Criminals damages - Attendant care services - general damages - Attendant care services dust related damages - non economic loss Damages exemplary Damages interest Damages non economic loss Damages personal injury Damages structured settlements Damages structured settlements Damages structured settlements Damages structured settlements Damages structured settlements Damages third party contributions dangerous recreational activities Domestic services loss of capacity Economic loss - future

Section 54D 54E 54F 54G 54H 15 15A 16 21 18 17A 17 22 23 24 25 26 19 5L 15B 13

Description Damages supervision orders Additional matters relating to damages supervision order Estates under supervision of Protective Commissioner 54G Hindering or obstructing NSW Trustee and Guardian Evidence of NSW Trustee and Guardians right to act Damages for gratuitous attendant care services: general Damages for gratuitous attendant care services: dustrelated conditions Determination of damages for non-economic loss Limitation on exemplary, punitive and aggravated damages Interest on damages Tariffs for damages for non-economic loss Indexation of maximum amount relating to noneconomic loss What is a structured settlement Court required to inform parties of proposed award Court may make consent order for structured settlement Obligation of Australian legal practitioners to provide advice Offer of structured settlementlegal costs Third party contributions No liability for harm suffered from obvious risks of dangerous recreational activities Damages for loss of capacity to provide domestic services Future economic lossclaimants prospects and

Part
Part 7 Self-defence and recovery by criminals Part 7 Self-defence and recovery by criminals Part 7 Self-defence and recovery by criminals Part 7 Self-defence and recovery by criminals Part 7 Self-defence and recovery by criminals Part 2 Personal injury damages Part 2 Personal injury damages Part 2 Personal injury damages Part 2 Personal injury damages Part 2 Personal injury damages Part 2 Personal injury damages Part 2 Personal injury damages Part 2 Personal injury damages Part 2 Personal injury damages Part 2 Personal injury damages Part 2 Personal injury damages Part 2 Personal injury damages Part 2 Personal injury damages Part 1A Negligence Part 2 Personal injury damages Part 2 Personal injury damages

Division
Division 2 Supervision of damages arising out of criminal conduct by persons suffering from mental illness Division 2 Supervision of damages arising out of criminal conduct by persons suffering from mental illness Division 2 Supervision of damages arising out of criminal conduct by persons suffering from mental illness Division 2 Supervision of damages arising out of criminal conduct by persons suffering from mental illness Division 2 Supervision of damages arising out of criminal conduct by persons suffering from mental illness Division 2 Fixing damages for economic loss Division 2 Fixing damages for economic loss Division 3 Fixing damages for noneconomic loss (general damages) Division 6 Exemplary and similar damages Division 4 Interest on damages Division 3 Fixing damages for noneconomic loss (general damages) Division 3 Fixing damages for noneconomic loss (general damages) Division 7 Structured settlements Division 7 Structured settlements Division 7 Structured settlements Division 7 Structured settlements Division 7 Structured settlements Division 5 Third party contributions Division 5 Recreational activities Division 2 Fixing damages for economic loss Division 2 Fixing damages for economic

Paine

Page 62 63 63 64 64

10.98 322 T 11.37 10.98 322 T 11.37 322 T 11.42 322 T 322 T 11.40 10.52

15 17 22 26 24 24 23

10.87 10.87 10.87 10.87 10.87

26 26 27 27 27 25

255 T 322 T 11.37 322 T

10 17 15

Keyword Economic loss - past Economic loss future discount rate Exclusions from Act failure to warn duty to Food Donors Food Donors Food Donors protection of Good Samaritans exclusion from protection Good Samaritans protection of Good Samaritans who is highway authorities Inherent risk Intoxication - definition Intoxication duty & standard of care Intoxication liability for death, injury or property damage Intoxication no recovery

Section 12 14 3B 5P 58A 58B 58C 58 57 56 45 5I 48 49 47 50

Description adjustments Damages for past or future economic lossmaximum for loss of earnings etc Damages for future economic lossdiscount rate Civil liability excluded from Act Division does not apply to duty to warn of risk Interpretation Application of Part Protection of food donors Exclusion from protection Protection of good samaritans Who is a good samaritan Special non-feasance protection for roads authorities No liability for materialisation of inherent risk Definition of intoxication Effect of intoxication on duty and standard of care Part applies to civil liability for death, injury or property damage No recovery where person intoxicated

Part
loss Part 2 Personal injury damages Part 2 Personal injury damages Part 1 Preliminary Part 1A Negligence Part 8A Food donors Part 8A Food donors Part 8A Food donors Part 8 Good samaritans Part 8 Good samaritans Part 8 Good samaritans Part 5 Liability of public and other authorities Part 1A Negligence Part 6 Intoxication Part 6 Intoxication Part 6 Intoxication

Division
Division 2 Fixing damages for economic loss Division 2 Fixing damages for economic loss Division 6 Professional negligence

Paine 322 T 11.41 322 T 36 T 1.43 129T 6.11 T

Page 14 15 3 12 66 66 66 65 65 65 55 9 57 57 57 57

Division 4 Assumption of risk

231 T 129 T 255 T 129 T 255 T

Part 6 Intoxication

6.11 255 T 8.1 8.24 8.27 8.37

liability - proportionate liability - proportionate liability - proportionate liability - proportionate liability - proportionate liability - proportionate limitation on recoverty medical / professional negligence mental harm -

34A 35 35A 36 37 38 30 5O 33

Certain concurrent wrongdoers not to have benefit of apportionment Proportionate liability for apportionable claims Duty of defendant to inform plaintiff about concurrent wrongdoers Contribution not recoverable from defendant Subsequent actions Joining non-party concurrent wrongdoer in the action Limitation on recovery for pure mental harm arising from shock Standard of care for professionals Liability for economic loss for consequential mental

Part 4 Proportionate liability Part 4 Proportionate liability Part 4 Proportionate liability Part 4 Proportionate liability Part 4 Proportionate liability Part 4 Proportionate liability Part 3 Mental harm Part 1A Negligence Part 3 Mental harm Division 6 Professional negligence 1.54 5.33 129 T

49 50 50 51 51 52 46 12 48

Keyword consequential mental harm duty of care mental harm personal injury negligence - definitions negligence application of part of act negligence general principles

Section 32 29 5 5A 5B

Description harm Mental harmduty of care Personal injury arising from mental or nervous shock Definitions Application of Part General principles

Part
Part 3 Mental harm Part 3 Mental harm Part 1A Negligence Part 1A Negligence Part 1A Negligence

Division

Paine 5.23 5.32 11.73

Page 47 46

Division 1 Preliminary Division 1 Preliminary Division 2 Duty of care

36 T 36 T 4.34 8.45 9.31 9.56 11.25 11.50 129 T 4.34 8.45 9.31 9.56 11.25 11.50 129 T 8.49 4.35 8.46 9.57 11.26 11.52 1.11 129 T 9.12 129 T 255 T 255 T 8.48 1.43 129 T

6 6 6

negligence general principles

5C

Other principles

Part 1A Negligence

Division 2 Duty of care

negligence general principles

5D

General principles

Part 1A Negligence

Division 3 Causation

Non-delegable duty Obvious risk Obvious risk - aware Obvious risk no proactive to warn Offender damages trust funds Offender damages trust funds Offenders in custody Offenders in custody Offenders in custody Offenders in custody

5Q 5F 5G 5H 26K 26L 26B 26BA 26BB 26BC

Liability based on non-delegable duty Meaning of obvious risk Injured persons presumed to be aware of obvious risks No proactive duty to warn of obvious risk Interpretation Offender damages to be held in trust as victim trust fund Application of Part 29 Protected defendant must be given notice of incident giving rise to claim Claimant must comply with requests for information Vulnerable offenders

Part 1A Negligence Part 1A Negligence Part 1A Negligence Part 1A Negligence Part 2A Special provisions for offenders in custody Part 2A Special provisions for offenders in custody Part 2A Special provisions for offenders in custody Part 2A Special provisions for offenders in custody Part 2A Special provisions for offenders in custody Part 2A Special provisions for offenders in

Division 7 Non-delegable duties and vicarious liability Division 4 Assumption of risk Division 4 Assumption of risk Division 4 Assumption of risk Division 6 Offender damages trust funds Division 6 Offender damages trust funds Division 1 Preliminary Division 1A Duties of claimant for offender damages Division 1A Duties of claimant for offender damages Division 1A Duties of claimant for

12 8 8 8 36 37 29 29 30 31

Keyword Offenders in custody Offenders in custody Offenders in custody Offenders in custody Offenders in custody Offenders in custody Offenders in custody Offenders in custody Offenders in custody Offenders in custody Offenders in custody Offenders in custody Offenders in custody Offenders in custody Offenders in custody Offenders in custody Offenders in custody Offenders in custody Offenders in custody Offenders in custody Offenders in custody

Section 26BD 26C 26D 26E 26F 26G 26H 26I 26M 26N 26O 26P 26Q 26QA 26R 26S 26T 26U 26V 26W 26X 5E 29 5O

Description Dismissal of court proceedings for failure to give notice or co-operate on claim No damages unless permanent impairment of at least 15% Assessment of permanent impairment Damages for past or future loss of earnings Retirement age Future economic lossassumption about release on parole Restriction on damages for non-economic loss Non-economic loss damages limited to workers compensation amount Victim trust fund available to satisfy eligible victim claims Notice to persons entitled to make victim claim Provision of information to persons entitled to claim Commencement of victim claims proceedings despite expiry of limitation period Orders for payment of damages out of money held in trust for victims of offender Court may deal with victim claim on the papers Payment to offender of trust fund surplus Functions of the NSW Trustee and Guardian Exception for legal costs Maximum legal costs of eligible claims Protection from liability Division overrides Part 7 Division 2 Limitation on exemplary, punitive and aggravated damages against protected defendant in cases of vicarious liability Onus of proof Personal injury arising from mental or nervous shock Standard of care for professionals

Part
custody Part 2A Special provisions for offenders in custody Part 2A Special provisions for offenders in custody Part 2A Special provisions for offenders in custody Part 2A Special provisions for offenders in custody Part 2A Special provisions for offenders in custody Part 2A Special provisions for offenders in custody Part 2A Special provisions for offenders in custody Part 2A Special provisions for offenders in custody Part 2A Special provisions for offenders in custody Part 2A Special provisions for offenders in custody Part 2A Special provisions for offenders in custody Part 2A Special provisions for offenders in custody Part 2A Special provisions for offenders in custody Part 2A Special provisions for offenders in custody Part 2A Special provisions for offenders in custody Part 2A Special provisions for offenders in custody Part 2A Special provisions for offenders in custody Part 2A Special provisions for offenders in custody Part 2A Special provisions for offenders in custody Part 2A Special provisions for offenders in custody Part 2A Special provisions for offenders in custody Part 1A Negligence Part 3 Mental harm Part 1A Negligence

Division
offender damages Division 1A Duties of claimant for offender damages Division 2 Damages subject to 15% permanent impairment threshold Division 2 Damages subject to 15% permanent impairment threshold Division 3 Damages for economic loss Division 3 Damages for economic loss Division 3 Damages for economic loss Division 4 Damages for non-economic loss Division 4 Damages for non-economic loss Division 6 Offender damages trust funds Division 6 Offender damages trust funds Division 6 Offender damages trust funds Division 6 Offender damages trust funds Division 6 Offender damages trust funds Division 6 Offender damages trust funds Division 6 Offender damages trust funds Division 6 Offender damages trust funds Division 6 Offender damages trust funds Division 6 Offender damages trust funds Division 6 Offender damages trust funds Division 6 Offender damages trust funds Division 7 Miscellaneous

Paine

Page 31 32 32 33 34 34 34 34 38 38 39 40 40 41 41 42 43 43 44 44 45

Onus of proof - causation personal injury - mental professional negligence

Division 3 Causation Division 6 Professional negligence 129 T

8 46 12

Keyword professional negligence duty to warn Proof onus of public authorities decision to exercise does not create duty public authorities - not liable for failure to exercise regulatory functions public authorities breach of statutory duty public authorities exercise of special statutory powers public authorities resources & responsibilities pure mental harm recreational activities dangerous Recreational activities contractual duty of care recreational activities where risk warning risk - Obvious risk risk - Obvious risk presumed to be aware risk inherent assumption of risk risk obvious risk - no proactive duty to warn Risk warning recreational activities duty of care roads authorities standard of care professionals Superannuation loss of benefits Vicarious Liability Victims support payments Volunteers - insurance

Section 5P 5E 46 44 43 43A 42 31 5L 5N 5M 5F 5G 5I 5H 5M 45 5O 15C 3C 26J 65

Description Division does not apply to duty to warn of risk Onus of proof Exercise of function or decision to exercise does not create duty When public or other authority not liable for failure to exercise regulatory functions Proceedings against public or other authorities based on breach of statutory duty Proceedings against public or other authorities for the exercise of special statutory powers Principles concerning resources, responsibilities etc of public or other authorities Pure mental harmliability only for recognised psychiatric illness No liability for harm suffered from obvious risks of dangerous recreational activities Waiver of contractual duty of care for recreational activities No duty of care for recreational activity where risk warning Meaning of obvious risk Injured persons presumed to be aware of obvious risks No liability for materialisation of inherent risk No proactive duty to warn of obvious risk No duty of care for recreational activity where risk warning Special non-feasance protection for roads authorities Standard of care for professionals Damages for loss of superannuation entitlements Act operates to exclude or limit vicarious liability Authority for deduction from damages Liability not excluded if insurance required

Part
Part 1A Negligence Part 1A Negligence Part 5 Liability of public and other authorities

Division
Division 6 Professional negligence Division 3 Causation

Paine 1.43 129T 6.11 231 T

Page 12 8 56 55 54 54 53 47 10 11 10 8 8 9 8 10 55 12 21 4 35 68

Part 5 Liability of public and other authorities

7.37 231 T 231 T 231 T 7.38 231 T 7.36 167 T 11.73 Division 5 Recreational activities Division 5 Recreational activities Division 5 Recreational activities Division 4 Assumption of risk Division 4 Assumption of risk Division 4 Assumption of risk Division 4 Assumption of risk Division 5 Recreational activities 255 T 255 T 255 T 8.48 129 T 255 T 255 T 8.48 129 T 255 T 8.48 255 T 8.48 231 T Division 6 Professional negligence Division 2 Fixing damages for economic loss Division 5 Victims support payments owed by offender 129 T 322 T 9.8

Part 5 Liability of public and other authorities Part 5 Liability of public and other authorities

Part 5 Liability of public and other authorities

Part 3 Mental harm Part 1A Negligence Part 1A Negligence Part 1A Negligence Part 1A Negligence Part 1A Negligence Part 1A Negligence Part 1A Negligence Part 1A Negligence

Part 5 Liability of public and other authorities Part 1A Negligence Part 2 Personal injury damages Part 1 Preliminary Part 2A Special provisions for offenders in custody Part 9 Volunteers

Keyword Volunteers - intoxicated Volunteers acting outside scope Volunteers criminal acts Volunteers motor accidents Volunteers proection of warn duty to

Section 63 64 62 66 61 5P

Description Liability of intoxicated volunteer not excluded Liability of volunteer not excluded if acting outside scope of activities or contrary to instructions Liability not excluded for criminal acts Liability not excluded for motor accidents Protection of volunteers Division does not apply to duty to warn of risk

Part
Part 9 Volunteers Part 9 Volunteers Part 9 Volunteers Part 9 Volunteers Part 9 Volunteers Part 1A Negligence

Division

Paine

Page 68 68 68 68 68 12

Division 6 Professional negligence

1.43 129T 6.11