In Tasmania, the repeal of s 5 of the Common Law Miscellaneous Actions Act 1986 by the Civil Liability Amendment Act 2005 revived the common law entitlement to damages for gratuitous services for plaintiffs to whom Part 7 of the Civil Liability Act 2002 does not apply (including sexual abuse claims), because the contrary intention appears from the general character of the legislation. Exemplary damages may be awarded for sexual abuse despite substantial criminal punishment where the defendant's conduct of the civil litigation constitutes an unusual case within Gray v Motor Accident Commission, following Cheng v Farjudi. A plaintiff's decision to pursue a less lucrative career motivated by a desire to protect children following sexual abuse does not break the chain of causation for loss of earning capacity where developing psychological symptoms were present at the time of the decision.
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