A claim for damages for future treatment, care and support needs does not constitute an accrued right protected by s 16 of the Acts Interpretation Act 1915 (SA) or common law presumptions against retrospectivity before those damages have been assessed. The 2017 Lifetime Support Scheme Rules apply to all applications made after their commencement, regardless of when the motor vehicle accident occurred or whether proceedings have been commenced. The relationship between s 16(1)(c) and s 16(1)(e) of the AIA remains unresolved, with Kourakis CJ holding that s 16(1)(e) has independent operation and Stanley J holding it does not.
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