Under s 54(2) of the Personal Injuries Proceedings Act 2002 (Qld), both conditions — less than six hours per week AND less than six months — must be met before a claimant is disentitled to damages for gratuitous services. The provision has limited ongoing application as it was repealed by the Civil Liability Act 2003 (Qld) and applies only to causes of action arising before 9 April 2003 and not decided prior to 18 June 2002. The case also reinforces that where a statute limits common law rights, the plain meaning of the enacted words prevails over inconsistent ministerial statements in the Second Reading Speech.
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