Negligence Law
State and Territory Legislation
Because statutory law trumps common law, these provisions dictate the shape of the law, including wherever they conflict with common law. Where they concur with common law, the judicial decisions, including those above, have the effect of elaborating on what Parliament has enacted. Therefore the foregoing material is important to know in understanding the meaning of the torts legislation.
The statutes which address torts in each jurisdiction is as follows:
Australian Capital Territory: Civil liability (Wrongs) Act 2002 (ACT).
New South Wales: Civil Liability Act 2002 (NSW)
Northern Territory: Personal Injuries (Liabilities and Damages) Act 2003 (NT)
Queensland: Civil Liability Act 2003 (Qld)
South Australia: Civil Liability Act 1936 (SA)
Tasmania: Civil Liability Act 2002 (Tas)
Victoria: Wrongs Act 1958 (Vic)
Western Australia: Civil Liability Act 2002 (WA)