Domestic News
OCTOBER 2018
CIVIL LIABILITY (AMENDMENT) ACT 2017 – POWER OF THE
COURTS TO GRANT PERIODIC PAYMENT ORDERS
Parts 1, 2 and 3 of the
Civil Liability (Amendment) Act 2017 were commenced on 1
October. Under these parts of the Act, the courts now have the
power to make index-linked annual payments known as periodic
payments orders (PPOs) in cases of catastrophic injury. PPOs may
provide for damages, including the cost of future medical treatment
and care, and future loss of earnings. Previously, the courts, in
awarding damages, could only make lump sum payments in cases of
catastrophic injury and this has long been subject to
criticism.
Under the Act, the court has discretion to make a PPO and must
consider the best interests of the claimant having regard to the
circumstances of the case before making such an order.
Alternatively, the parties may agree their own terms and the court
has discretion to grant the PPO on such agreed terms.
