Queensland Consolidated Acts

CIVIL PROCEEDINGS ACT 2011 - SECT 67

67 Damages for spouse’s benefit

(1) This section applies if, in a proceeding under this part, a court is assessing damages in relation to financial benefits lost by a spouse of the deceased person as a result of the deceased’s death.

(2) The court must not take into account any financial benefits that the spouse may receive as a result of a new relationship that the spouse may enter into after the assessment.

(3) Subsection (2) applies even if the spouse intends to enter into a new relationship.

(4) However, if the spouse has entered into a new relationship since the deceased person’s death, the court may take into account any financial benefits that the spouse has received, and any financial benefits that the spouse is likely to receive, as a result of the new relationship.

(5) Subsection (4) applies even if the new relationship ends before the assessment.

(6) In considering what financial benefits the spouse is likely to receive as a result of the new relationship, the court must not assume—

(a) that the new relationship will necessarily continue; or

(b) that the spouse will necessarily continue to receive the same financial benefits as a result of the new relationship as the spouse has already received as a result of the new relationship.

(7) In this section—

"financial benefits" means either or both of the following—

(a) monetary benefits;

(b) other material benefits having a monetary value, including, for example, domestic services.

"relationship" means—

(a) a marriage; or

(b) a de facto relationship within the meaning of the Acts Interpretation Act 1954 , schedule 1 ; or

(c) a civil partnership within the meaning of the Acts Interpretation Act 1954 , schedule 1 .