Queensland Consolidated Acts

CIVIL PROCEEDINGS ACT 2011 - SECT 65

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.