Queensland Consolidated Acts

CIVIL LIABILITY ACT 2003 - SECT 83

83 Personal injury to which the amended s 5 extends as a result of the amendment

(1) It is declared that section 5, to the extent it is amended by the amending Act, has effect to disapply this Act to a decision in relation to personal injury only if the personal injury, or any part of it, is or was caused on or after 6 November 2006.

(2) However, section 5, to the extent it is amended by the amending Act, does not have effect to disapply this Act to a decision in relation to personal injury if, before the date of assent of the amending Act—

(a) the parties have entered into an agreement to pay damages for the personal injury; or

(b) the trial in relation to the personal injury has started but final relief has not been granted by the court; or

(c) final relief in relation to the personal injury has been granted by a court.

(3) Section 5, as in force before 6 November 2006, continues to apply in relation to a decision mentioned in subsection (2).

(4) In this section—

"amending Act" means the Criminal Code and Civil Liability Amendment Act 2007 .

"final relief" , in relation to personal injury, means the judgment or decision for the civil claim in relation to the personal injury, including the judgment or decision about liability only, whether or not an appeal has been made against the judgment or decision.