Provisional damages for asbestos-related conditions
4 Provisional damages for asbestos-related conditions
s. 4
If it is proved or admitted in an action for damages in respect of an asbestos-related condition that the injured person may at some time in the future develop another asbestos-related condition wholly or partly as a result of the act or omission giving rise to the cause of action, the court may—
award, in the first instance, damages for the asbestos-related condition assessed on the assumption that the injured person will not develop another asbestos-related condition; and
award damages at a future date if the injured person does develop another asbestos-related condition (the subsequent award).
Note to s. 4 amended by No. 67/2013 s. 649(Sch. 9 item 1).
Note
A claim by an injured person for damages for an asbestos-related condition may involve an injury to which—
t he Workers Compensation Act 1958 applies, if the injury arises out of, or in the course of, the injured person's employment before 4 p.m. on 31 August 1985;
the Accident Compensation Act 1985 applies, if the injury arises out of, or in the course of, or was due to the nature of, the injured person's employment on or after 4 p.m. on 31 August 1985 but before 1 July 2014;
the Workplace Injury Rehabilitation and Compensation Act 2013 applies, if the injury arises out of, or in the course of, or was due to the nature of the injured person's employment on or after 1 July 2014;
the Wrongs Act 1958 applies, if the injury did not arise out of or in the course of, or was not due to the nature of, the employment of the injured person.
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