Queensland Consolidated Acts

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CIVIL LIABILITY ACT 2003 - SECT 61

Assessment by court of injury scale

61 Assessment by court of injury scale

(1) If general damages are to be awarded by a court in relation to an injury arising after 1 December 2002, the court must assess an injury scale value as follows—
(a) the injured person’s total general damages must be assigned a numerical value (
"injury scale value" ) on a scale running from 0 to 100;
(b) the scale reflects 100 equal gradations of general damages, from a case in which an injury is not severe enough to justify any award of general damages to a case in which an injury is of the gravest conceivable kind;
(c) in assessing the injury scale value, the court must—
(i) assess the injury scale value under any rules provided under a regulation; and
(ii) have regard to the injury scale values given to similar injuries in previous proceedings.
(2) If a court assesses an injury scale value for a particular injury to be more or less than any injury scale value prescribed for or attributed to similar particular injuries under subsection (1) (c) , the court must state the factors on which the assessment is based that justify the assessed injury scale value.



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