Tort Law - Negligence

Threshold Incapcity

Whether or not harm has occurred is normally going to be easy to prove. Medical diagnoses, repair quotes or bills, photographs, bank statements, debt recovery activity, and independent eyewitnesses tend to give a plain account. When it comes to forms of harm other than physical or psychological, this is sufficient grounds on which to prove that actionable harm has occurred. However, in response to growing difficulties with the permissiveness of the judiciary toward plaintiffs during the 1980’s and 1990’s, major law reform occurred in accord with the so-called Ipp Review.[1] The result was that in the early 2000’s each state and territory amended its tort law legislation.


One of the key recommendations was to eliminate frivolous injury claims by placing a lower limit on the amount of personal harm a person could sue for. Consistent with the medical practice of calculating the amount of incapacity...






[1] Ipp, the Hon David, et al, Review of the Law of Negligence, Final Report, Commonwealth of Australia, 2002.