Automatic language translation
Our website uses an automatic service to translate our content into different languages. These translations should be used as a guide only. See our Accessibility page for further information.
(1) In an action against a protected defendant for the award of personal injury damages where the act or omission that caused the injury or death was a tort (whether or not negligence) of a person for whose tort the protected defendant is vicariously liable, a court cannot award exemplary or punitive damages or damages in the nature of aggravated damages.
(2) Subsection (1) does not limit the application of section 21 to actions for the award of personal injury damages to which this Part applies.
Note: Section 21 provides that a court cannot award exemplary or punitive damages or damages in the nature of aggravated damages in an action for the award of personal injury damages where the act or omission that caused the injury or death was negligence.
30 Mar 2025
We acknowledge the traditional owners and custodians of the land on which we work and we pay respect to the Elders, past, present and future.