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Title: 'Australia' in Briefing Note on the Discount Rate applying to Quantum in Personal Injury Cases: Comparative Perspectives
Contributor(s): Lunney, Mark  (author)orcid 
Corporate Author: British Institute of International and Comparative Law
Publication Date: 2017
Open Access: Yes
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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.
Publication Type: Report
Publisher: British Institute of International and Comparative Law
Place of Publication: London, United Kingdom
Field of Research (FOR): 180126 Tort Law
Socio-Economic Objective (SEO): 949999 Law, Politics and Community Services not elsewhere classified
HERDC Category Description: R1 Report
Extent of Pages: 19-24
Statistics to Oct 2018: Visitors: 10
Views: 12
Downloads: 3
Appears in Collections:Report
School of Law

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