Australian Capital Territory Current Acts

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CIVIL LAW (WRONGS) ACT 2002 - SECT 26

Amounts not taken into account in assessing damages for death

In assessing damages in relation to liability under this part, the following must not be taken into account to reduce the damages:

        (a)     an amount paid or payable on the death of, or personal injury to, the dead person under a contract of insurance;

        (b)     an amount paid or payable out of a superannuation, provident or similar fund, or as a benefit from a friendly society, benefit society, lodge or trade union;

        (c)     an amount paid or payable because of the death or injury of the dead person that is—

              (i)     a payment instead of leave; or

              (ii)     a payment of a pension or another social security or veterans benefit;

        (d)     an amount paid or payable as a gratuity on the death of the dead person;

        (e)     an amount in relation to the acquisition by a member of the dead person's family, after the death, of—

              (i)     a house, or an interest in a house, used at any time as the member's home; or

              (ii)     the household contents, or an interest in the household contents, of the house;

        (f)     a premium that would have become payable under a contract of insurance on the life of the dead person if the person had lived beyond the time when he or she died.



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