Western Australia
Law Reform (Miscellaneous Provisions) Act 1941
Reprinted as at 12 July 2002
Guide for using this reprint
What the reprint includes
Endnotes, Compilation table, and Table of provisions that have not come into operation
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3.A table of provisions that have not come into operation, to be found in endnote 1a if it is needed, lists any provisions of the Act being reprinted that have not come into operation and any amendments that have not come into operation. The full text is set out in another endnote that is referred to in the table.
Notes amongst text (italicised and within square brackets)
1.If the reprint includes a section that was inserted, or has been amended, since the Act being reprinted was passed, editorial notes at the foot of the section give some history of how the section came to be as it is. If the section replaced an earlier section, no history of the earlier section is given (the full history of the Act is in the Compilation table).
Notes of this kind may also be at the foot of Schedules or headings.
2.The other kind of editorial note shows something has been —
·removed (because it was repealed or deleted from the law); or
·omitted under the Reprints Act 1984 s. 7(4) (because, although still technically part of the text, it no longer has any effect).
The text of anything removed or omitted can be found in an earlier reprint (if there is one) or one of the written laws identified in the Compilation table.
Reprinted under the Reprints Act 1984 as at 12 July 2002
Law Reform (Miscellaneous Provisions) Act 1941
CONTENTS
1.Short title and commencement1
2.Abolition of husband’s liability for wife’s torts1
3.Abolition of action for loss of wife’s society or services2
4.Effect of death on certain causes of action2
5.Discount rate applicable to damages awarded for future loss4
Notes
Compilation table6
Defined Terms
Reprinted under the Reprints Act 1984 as at 12 July 2002
Western Australia
Law Reform (Miscellaneous Provisions) Act 1941
An Act to amend the law relating to the liabilities of husbands; and to amend the law relating to proceedings against, and contributions between, tort‑feasors; and to amend the law as to the effect of death in relation to causes of action, and to amend the law of property known as the Rule against Perpetuities.
1.Short title and commencement
This Act may be cited as the Law Reform (Miscellaneous Provisions) Act 1941 and shall come into operation on a day to be fixed by proclamation 1.
2.Abolition of husband’s liability for wife’s torts
The husband of a married woman shall not, by reason only of his being her husband, be liable —
(a)in respect of any tort committed by her whether before or after the marriage; or
(b)to be sued or made a party to any legal proceeding brought in respect of any such tort:
Provided that nothing in this section shall affect any legal proceeding in respect of any tort if proceedings had been instituted in respect thereof before the commencement of this Act.
3.Abolition of action for loss of wife’s society or services
A person shall not be liable in tort to the husband of a married woman by reason only of the person having deprived the husband of the services or society, or services and society, of the woman.
[Section 3 inserted by No. 50 of 1986 s. 4(1).]
4.Effect of death on certain causes of action
(1)Subject to the provisions of this section, on the death of any person after the commencement of this Act all causes of action subsisting against or vested in him shall survive against, or, as the case may be, for the benefit of his estate. Provided that this subsection shall not apply to causes of action for defamation or seduction or for inducing one spouse to leave or remain apart from the other or to claims under section 94 of the Supreme Court Act 1935 2, for damages on the ground of adultery.
(2)Where a cause of action survives as aforesaid for the benefit of the estate of a deceased person, the damages recoverable for the benefit of the estate of that person —
(a)shall not include any exemplary damages;
(b)in the case of a breach of promise to marry shall be limited to such damage, if any, to the estate of that person as flows from the breach of promise to marry;
(c)where the death of that person has been caused by the act or omission which gives rise to the cause of action, shall be calculated without reference to any loss or gain to his estate consequent on his death, except that a sum in respect of funeral expenses may be included;
(ca)where the cause of action arose from the suffering of a latent injury that is attributable to the inhalation of asbestos and it is proved that the damages that would (if death had not ensued) have been recoverable by the deceased person would, by reason of the Acts Amendment (Asbestos Related Diseases) Act 1983, have been limited to damages in respect of pecuniary loss and a total amount in any case of $120 000, shall not include damages except in respect of pecuniary loss and the total amount of the damages recoverable shall not in any case exceed $120 000;
(d)shall not, unless because of subsection (2a) this paragraph does not apply, include any damages for the pain or suffering of that person or for any bodily or mental harm suffered by him or for the curtailment of his expectation of life;
(e)shall not include any damages for the loss of the capacity of that person to earn, or for the loss of future probable earnings of that person, during such time after his death as he would have survived but for the Act or omission which gives rise to the cause of action.
(2a)Subsection (2)(d) does not apply where —
(a)the death of the person occurs after the day on which the Law Reform (Miscellaneous Provisions (Asbestos Diseases)) Act 2002 comes into operation 1;
(b)the death results from a latent injury that is attributable to the inhalation of asbestos which has been caused by the act or omission giving rise to the cause of action; and
(c)proceedings in respect to the cause of action had been instituted by that person before his or her death and were pending at the time of death.
(3)No proceedings shall be maintainable in respect of a cause of action in tort which by virtue of this section has survived against the estate of a deceased person, unless either —
(a)proceedings against him in respect of that cause of action were pending at the date of his death; or
(b)the cause of action arose not earlier than 12 months before his death and proceedings are taken in respect thereof not later than 6 months after his personal representative took out representation, or 12 months after his death, whichever is the later. Provided, however, that a judge of the Supreme Court may extend the time for instituting proceedings as the justice of the case may require although the application for extension be not made until after the expiration of the aforementioned times.
(4)Where damage has been suffered by reason of any Act or omission in respect of which a cause of action would have subsisted against any person if that person had not died before or at the same time as the damage was suffered, there shall be deemed, for the purposes of this Act, to have been subsisting against him before his death such cause of action in respect of that Act or omission as would have subsisted if he had died after the damage was suffered.
(5)The rights conferred by this Act for the benefit of the estates of deceased persons shall be in addition to and not in derogation of any rights conferred on the dependants of deceased persons by the Imperial Act 9th and 10th Victoria, Chapter 93 (adopted in Western Australia by the Act 12th Victoria No. 21), as amended by the Act No. 37 of 1900 3, and so much as relates to causes of action against the estates of deceased persons shall apply in relation to causes of action under the said Act as it applies in relation to other causes of action not expressly excepted from the operation of subsection (1).
[Section 4 amended by No. 80 of 1982 s. 2; No. 84 of 1983 s. 11; No. 1 of 2002 s. 3.]
5.Discount rate applicable to damages awarded for future loss
(1)Where an award of damages that relates to personal injury or the death of a person is to include compensation, awarded as a lump sum, in respect of damage for future loss that is referable to —
(a)loss or impairment of capacity to earn;
(b)loss or diminution of future probable earnings; or
(c)a liability to incur expenditure in the future,
the present value of the future loss shall be quantified by adopting —
(d)a discount rate of the percentage fixed by the Governor by Order; or
(e)where no percentage is fixed as referred to in paragraph (d), a discount rate of 6%.
(2)The Governor may, by Order made on the recommendation of the Attorney General, fix a discount rate as referred to in subsection (1)(d).
(3)In subsection (1) “
[Section 5 inserted by No. 50 of 1986 s. 5(1).]
Notes
1This reprint is a compilation as at 12 July 2002 of the Law Reform (Miscellaneous Provisions) Act 1941 and includes the amendments made by the other written laws referred to in the following table. The table also contains information about any previous reprint.
|
Short title |
Number and year |
Assent |
Commencement |
|
Law Reform (Miscellaneous Provisions) Act 1941 |
29 of 1941 |
15 Dec 1941 |
24 Oct 1942 (see s. 1 and Gazette 23 Oct 1942 p. 995) |
|
Law Reform (Contributory Negligence and Tortfeasors’ Contribution) Act 1947 s. 2 |
23 of 1947 |
7 Nov 1947 |
7 Nov 1947 |
|
Law Reform (Property, Perpetuities, and Succession) Act 1962 s. 9(4) |
83 of 1962 |
6 Dec 1962 |
6 Dec 1962 |
|
Law Reform (Miscellaneous Provisions) Amendment Act 1982 |
80 of 1982 |
22 Nov 1982 |
22 Nov 1982 |
|
Reprint of the Law Reform (Miscellaneous Provisions) Act 1941 approved 25 Sep 1983 (includes amendments listed above) |
|||
|
Acts Amendment (Asbestos Related Diseases) Act 1983 Pt. V |
84 of 1983 |
22 Dec 1983 |
19 Jan 1984 (see s. 2) |
|
Acts Amendment (Actions for Damages) Act 1986 Pt. II |
50 of 1986 |
4 Aug 1986 |
18 Aug 1986 (see s. 2 and Gazette 15 Aug 1986 p. 2925) |
|
Law Reform (Miscellaneous Provisions (Asbestos Diseases)) Act 2002 |
1 of 2002 |
20 Mar 2002 |
21 Mar 2002 (see s. 2) |
2The Supreme Court Act 1935 s. 94 was repealed by the Matrimonial Causes and Personal Status Code 1948 s. 3.
3The Imperial Act 9 and 10 Vict c. 93 (1846) was adopted by the Imperial Acts Adopting Ordinance 1849 (12 Vict. No. 21) and amended by Act No. 37 of 1900. It was repealed in so far as it was part of the law of WA by the Fatal Accidents Act 1959 s. 2.
Defined Terms
[This is a list of terms defined and the provisions where they are defined. The list is not part of the law.]
Defined TermProvision(s)
By Authority: JOHN A. STRIJK, Government Printer