South Australian Current Acts

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58B—Additional provisions relating to death on account of a motor vehicle injury

        (1)         Any entitlement to damages for loss of financial support in respect of the death of a person arising from an MVA motor accident (a "relevant loss of financial support claim ) applies subject to the provisions of this section.

        (2)         In making an award in relation to a relevant loss of financial support claim that will provide for the future (other than with respect to a discount that would, apart from this section, be made for the usual vicissitudes of life)—

            (a)         a court must not take into account—

                  (i)         any inference as to a circumstance in respect of which the court is unable to evaluate the chance of it occurring; or

                  (ii)         any inference as to a circumstance that the court evaluates as having less than a 20% chance of occurring; and

            (b)         an award of damages must be arrived at by taking into account the several circumstances on which a court may rely, and the combination of those chances; and

            (c)         a court must, when making an award of damages, state—

                  (i)         the circumstances that have been taken into account for the purposes of the award; and

                  (ii)         the inferences that the court has drawn from those circumstances; and

                  (iii)         the court's evaluation of the chances of each circumstance occurring; and

                  (iv)         its determination of the resultant award of damages.

        (3)         Damages awarded in relation to a relevant loss of financial support claim must, after applying a discount rate (if any), and any other principle arising under this Act or at common law, including so as to take into account any actual or presumed contributory negligence, be discounted by a further 20%.

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