Australian Capital Territory Current Acts

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Extensions of liability under pt 3.2 in certain cases

    (1)     A person's liability in relation to an injury caused by a wrongful act or omission by which someone else ("A") is killed, injured or put in danger includes liability for injury arising completely or partly from mental or nervous shock received by—

        (a)     a parent of A; or

        (b)     a domestic partner of A; or

        (c)     another family member of A, if A was killed, injured or put in danger within the sight or hearing of the other family member.

    (2)     If 2 or more family members bring, or may bring, actions in relation to liability arising under subsection (1) out of the same act or omission, the court may proceed in the way the court considers appropriate and may make the orders the court considers appropriate about—

        (a)     which family members are parties to the action; and

        (b)     who is to have the conduct of the action.

    (3)     The action is for the benefit of all family members who are parties to the action.

    (4)     The court may award the damages that it considers to be proportional to the damage to the plaintiffs resulting from the wrongful act or omission.

    (5)     Subsection (4) has effect subject to part 7.1 (Damages for personal injuries—exclusions and limitations).

    (6)     The amount of damages awarded must, after deducting the costs not recovered from the defendant, be divided between the plaintiffs in the shares the court decides.

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