Queensland Consolidated Acts

CIVIL PROCEEDINGS ACT 2011 - SECT 70

70 Amounts not to be taken into account in assessing damages

(1) In assessing damages in relation to liability under this part, the following must not be taken into account to reduce the damages—

(a) an amount paid or payable on the death of the deceased person under a contract of insurance;

(b) an amount paid or payable on the deceased’s death under a contract, other than a contract of insurance, made with a friendly society or other benefit society, or association or trade union;

(c) an amount paid or payable on the deceased’s death out of a superannuation, provident or similar fund;

(d) an amount paid or payable on the deceased’s death by way of pension, benefit or allowance under a law of—

(i) the Commonwealth; or

(ii) any State; or

(iii) another country;

(e) a gratuity in whatever form received or receivable on the deceased’s death.

(2) Subsection (1) applies regardless of whether the amount is paid or payable to or the gratuity is received or receivable by the deceased person’s estate or any person for whose benefit a proceeding may be brought under this part.