VIC Specific Laws of Parliament Tort Law?

[SurgicalGlitch]

Hey all,

I just wanted to ask, if there is any specific laws of Parliament on Tort Law?

I am a little bewildered by the question. I mean I know that Parliament in Australia didn't get involved in Tort Law up until 2002. It was a state wide agreement to reform the Law of Negligence. But isn't all Tort Law in Australia now mix of both common and legislative law? Not singlely created by Parliament? So how can there be any specific laws of Parliament on Tort Law?

Here is the question in its entirety.

Are there any specific laws of Parliament on Tort Law?

Thanks in advance!

 

[Rod]

Homework? If yes, what course?

Need to define which parliament and what laws were created by them. Defamation is the one that comes first to mind under the Wrongs Act 1958 Vic. Wrongs Act predates 2002 so not sure why you refer to 2002. Cth maybe?

There are other Acts but this should be in your course material.

 

[SurgicalGlitch]

Thanks for the reply Rod,

It isn't in the course material, its research. But the question was written out as if to suggest that they wanted a specific Law introduced solely on Parliament, which I couldn't find, only Acts, like the Wrongs Act 1958, that passed legislation to reform the Acts.

The Wrongs Act does predate 2002, but until that time (2002), the Parliaments of Australia stayed pretty much out of Tort Law. And it was mainly judge-made law, today however it's a mix, as you can see of both legislation and common law. According to research I have dug up, it all started because of a paper called the "Ipp Report" - Review of the Law of Negligence: Final Report that sparked the State Parliaments to start legislation on Acts to improve them based on recommendation by the report.

Thanks for the help, I just needed validation to make sure I understood the question. I was finding it hard to understand. I thought they were asking me to find a Parliament made Tort Law and was thinking to myself I was going mad.

 

[Rod]

Ok. Keep in mind the IPP report came about because of increasing public liability payouts and insurance premiums with a concern that Australia was heading down the US path to excess windfalls.

Not all torts are impacted as not all torts have to have a negligence component. And we also have no-fault schemes not requiring negligence, eg WIRC and TA Acts.

Sounds like you now have the background allowing you to finish the assignment.

 

[SurgicalGlitch]

Thanks again for the help mate. Much appreciated.