A trial judge determining a claim governed by the Civil Liability Act 2002 (NSW) does not err by failing to address provisions of that Act where both parties are represented by counsel and no contested issue under the Act is identified at trial. Parties cannot raise new Civil Liability Act grounds on appeal that were not argued below. For future domestic assistance, the question whether a Malec contingency assessment or a balance of probabilities finding is required remains unresolved, though Basten JA favoured the Malec approach. Past economic loss for a part-time worker should be calculated by reference to actual hours worked at the time of injury, not hours the worker intended to work in the future, unless there is evidence of when the increase would have occurred.
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