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CIVIL PROCEEDINGS ACT 2011 - SECT 65
One proceeding for benefit of members of deceased person’s family
65 One proceeding for benefit of members of deceased person’s family
(1) Not more than 1 proceeding under this part may be brought against a person
in relation to a death.
(2) The proceeding may be brought by the personal
representative of the deceased person, or by any 1 or more of the members of
the deceased’s family who suffered damage because of the death, for the
benefit of the members of the deceased’s family who suffered damage because
of the death.
(3) A notice given under an Act by a person able to bring a
proceeding is taken to have been given on behalf of all members of the
deceased’s family who suffered damage because of the death.
(4) A person
able to bring a proceeding may apply to the Supreme Court for directions
relating to the steps required to be taken to comply with a requirement under
an Act or relating to a proceeding under this part before starting the
proceeding.
(5) The amount of damages awarded must, after deducting any costs
not recovered from the defendant, be divided in the shares the court decides
among the members of the deceased’s family who suffered damage because of
the death.
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