Index to Paragraphs


Terms of Reference

The common law
The problem of medical imponderables
The advantages of the common law rule
The limited scope of this working paper
The South Australian approach
Representations to the Commission
Peripheral matters
Criteria for the application of the special powers of the Supreme Court
Comments upon the criteria proposed
Supreme Court
Certainty
Interim payments
Interim Assessment Declaration
Comments upon the proposed Interim Assessment Declaration
Property Damage
Interim Relief Declaration
Comments upon the proposed Interim Relief Declaration
Comments upon the proposal as to payment of future hospital, medical and like expenses
Rehabilitation expenses
Apportionment in the case of contributory negligence
Problem of workers’ compensation
Present law as to the interrrelationship of workers’ compensation and damages
Present law as to the adjustments to be made in respect of workers’ compensation where damages are reduced because of contributory negligence
Proposed amendment to section 10 of the Law Reform (Miscellaneous Provisions) Act, 1965-1968
Interim payments and workers’ compensation Generally
Interim Assessment Declaration and workers’ compensation
Interim Relief Declaration and workers’ compensation
Formula for interim payments pursuant to an Interim Relief Declaration where workers’ compensation has been paid by the party adjudged liable
Formula for interim payments pursuant to an Interim Relief Declaration where workers’ compensation has been paid but the person adjudged liable is a third party tortfeasor
Formula for interim payments pursuant to an Interim Relief Declaration where the third party tortfeasor adjudged liable has fully indemnified the person who paid workers’ compensation
Composite formula for interim payments pursuant to an Interim Relief Declaration where the plaintiff has received workers’ compensation
Comments upon the composite formula
Plaintiff’s right to discontinue
Variation of orders made pursuant to an Interim Relief Declaration
Order that damages be assessed
Observations on proposed criteria for an order that damages be assessed
Assessment of damages
Extent of recognition of a right of the plaintiff to select his own remedy
Infants and incapable persons
Declarations and orders by consent
The course of the first hearing
The liability issues
Respective functions of the Judge and of the jury
Safeguards against an excessive number of applications
Prior evidence
Issue estoppel
Restrictions on appeal
Appeals to the High Court
Death of the Plaintiff
Compensation to Relatives, Act, 1897 - 1953
Generally


Appendix No. 1
Appendix No. 2
Appendix No. 3