'Australia' in Briefing Note on the Discount Rate applying to Quantum in Personal Injury Cases: Comparative Perspectives

Abstract

This report is concerned with damages awards in tort claims in Australian jurisdictions. It does not consider awards of compensation under no-fault workers compensation or motor vehicle accident schemes. Such schemes usually award future economic loss by way of periodic payments so discount rates are largely irrelevant in such schemes. Personal injury damages awards in Australia are the province of state jurisdictions. Although damages can be awarded in the exercise of a federal jurisdiction (for example, for a cause of action created by a federal statute), these damages are awarded either by adopting the damages regime of the state in which the court exercising federal jurisdictions sits or by federal legislative damages regimes that mirror in essential characteristics the law of the states.