South Australian Current Acts

CIVIL LIABILITY ACT 1936 - SECT 29

29—Liability to surviving spouse or domestic partner of person wrongfully killed

        (1)         Whenever the death of a person is caused by a wrongful act, neglect or default and the act, neglect or default is such as would, if death had not ensued, have entitled that person to maintain an action to recover damages, the person who would have been liable if death had not ensued shall be liable to pay to the surviving spouse or domestic partner of the deceased person such sum—

            (a)         where the death occurred before the commencement of the Wrongs Act Amendment Act 1974 —not exceeding one thousand four hundred dollars; or

            (b)         where the death occurred after the commencement of the Wrongs Act Amendment Act 1974 —not exceeding $10 000,

as the court thinks just by way of solatium for the suffering caused to the spouse or domestic partner by that death.

        (2)         Where the deceased person is survived by a spouse and a domestic partner, they may both claim solatium under this section, but the total amount awarded by way of solatium in any such case shall not exceed the amount that could have been awarded if the deceased had been survived by a single spouse or domestic partner.

        (3)         Where, in any proceedings under this section, a spouse and a domestic partner both claim solatium under this section, any solatium awarded by the court shall be apportioned between the claimants in such manner as the court thinks just.

        (4)         In proceedings for solatium by a spouse, it is not necessary for the court to inquire if the deceased was also survived by a domestic partner (but a domestic partner may, at any time before the proceedings are finally determined, apply to the court to be joined as a party to the proceedings).