Queensland Consolidated Acts

CIVIL LIABILITY ACT 2003 - SECT 58

58 Damages for loss of consortium or loss of servitium

(1) A court must not award damages for loss of consortium or loss of servitium unless—

(a) the injured person died as a result of injuries suffered; or

(b) general damages for the injured person are assessed (before allowing for contributory negligence) at the amount prescribed under a regulation for this provision, or more.

Note—

Under section 75 , the Minister must make a recommendation about the amount to be prescribed.

(2) The court must not assess damages for loss of servitium above the limit fixed by subsection (3) .

(3) The limit is 3 times average weekly earnings per week.