Queensland Consolidated Acts

MOTOR ACCIDENT INSURANCE ACT 1994 - SECT 57A

57A Application of limitation of liability to foreign awards

(1) This section applies to claims arising out of motor vehicle accidents in Queensland.

(2) It is Parliament’s intention that the limits on liability for damages for personal injury arising out of motor vehicle accidents—

(a) are to apply (to the full extent of the Parliament’s extraterritorial legislative capacity) whether damages are assessed in Queensland or elsewhere; and

(b) are to be regarded by courts within and outside Queensland as substantive (rather than procedural) provisions.

(3) If a claimant, by proceeding in a court outside Queensland, recovers damages in excess of the amount that could have been recovered if the limits on liability referred to in subsection (2) had been applied, the person liable to pay the damages may recover from the claimant the amount by which the amount of the damages exceeds the amount that would have been recovered if the action had been brought in Queensland.