Analysis and Evaluation of Victorian Reform in General Damages for Personal Injury under the Tort of Negligence

Abstract

This article examines the current legislative structures in Victoria for compensating non-economic losses for personal injuries under the tort of negligence. It first provides a background on the tort of negligence in general and damages for non-economic losses in particular. It then outlines the changes that have swept through Victoria and in the rest of Australia for comparative purposes. This article offers a critique of the rationale and justification for those changes, analyses the implications of the changes at both Victorian and Commonwealth levels across the public, professional and product liability areas, and concludes with a discussion of the overall effect of the Victorian reforms.