Law Reform Commission of Western Australia
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Protection of money awarded as damages

No project number issued

Commenced: 1976
Completed: 1976

In June 1976, the Attorney General informed the Commission that the former Chief Justice of Western Australia, Sir Lawrence Jackson, had raised the question of whether legislation was required to protect plaintiffs who recover substantial damages but were unable to manage their own affairs. The Attorney General asked the Commission for its views on how the problem could be approached and drew attention to the Aged and Infirm Persons’ Property Act 1940 (SA) which enables a court to make an order restraining such persons from dissipating money awarded as damages to the detriment of themselves and their families.

Terms of Reference

In 1976 the Commission was asked to report, in an informal manner, on whether it might be desirable to enact legislation to protect plaintiffs who recover substantial damages in a court judgment but who lack the capacity to handle their own affairs (although not an incapable person mentally).

Outcomes

There has been no legislative action undertaken to give effect to the Commission’s recommendation.

Last updated: 31-Jan-2017

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