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ARTICLE · 15 JULY 2022

Changes to the NSW Civil Liability Act and what this means for claimants

Carroll & O'Dea
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Amendments to the CLA will affect both previously settled claims & current claims.

AustraliaInsurance
Maithri Panagoda AM
Maithri Panagoda AM
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The Civil Liability Amendment (Child Abuse) Act 2002 has recently been implemented in NSW with changes of significance to both claimants and insurers. For claimants in particular, it has been long-awaited.

These amendments to the Civil Liability Act 2002 ("CLA"), will affect both previously settled claims and current claims.

What has changed?

There have been two Parts of the CLA which have been inserted and/or amended, and they can be summarised as follows:

  • Part 1C - Courts will have the power to set aside previous settlements which occurred prior to legislative changes that took place in both 2016 and 2018. These relate mostly to limitation periods and potential defendants.

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