When assessing gratuitous care needs under s 59 of the Civil Liability Act 2003 (Qld), the plaintiff's needs are to be assessed as an individual unit by reference to the market cost of providing those services, consistently with Van Gervan v Fenton and CSR Ltd v Eddy. It is not appropriate to reduce the assessed hours by reference to the fact that domestic tasks such as meal preparation, cleaning and laundry are performed simultaneously for other household members. A long vehicle driver relying on s 28(2) of the TORUM Regulation to turn left from an adjacent lane must satisfy all preconditions including that the turn can be safely made, which is not satisfied where the driver knows another vehicle is in the left-hand lane.
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