Queensland Chief Justice Paul de Jersey has strongly criticised restrictions in personal injury compensation laws. Speaking at the Australian Lawyers Alliance conference in Brisbane last week, he said some changes to tort laws were justified, but they have “brought about marked erosion of a fundamental right to adequate compensation” for injury caused by negligence.

Justice de Jersey says the critical issue now is “the need for active reconsideration of whether the so-called reforms have proven justified, or should be wound back”.

What he calls the more unjust changes to Queensland laws include caps on damages, restrictions on compensation to families and friends for free care given to injured people, and limits on legal fees refundable for smaller claims.

The comments come four weeks after Victorian Chief Justice Marilyn Warren criticised the drop in court lodgements in Victoria and NSW.

Other judges who have criticised tort reform include High Court Justice Michael Kirby, NSW Chief Justice Jim Spigelman and ACT judge Terry Connolly.

Lawyers Alliance Queensland President Ian Brown says the Chief Justice is a senior and independent judge who can’t be accused of having any self-interest on this issue. “We’ve now had a number of senior judges around the country speak out against these changes and it’s about time politicians started taking action to restore some balance.”

Insurance Council of Australia Deputy CEO Dallas Booth says Justice de Jersey’s comments are a concern for the insurance industry.

“We have serious reservations in relation to his comments,” he said. “In Queensland in particular, the maximum award for general damages is actually higher than what was traditionally ordered by the courts.”

Mr Booth says there are no limits to medical rehabilitation and care in the state and to suggest reforms should be wound back is “short-sighted”.