The Law Council of Australia wants to unwind the recent tort reforms in the hope of boosting damages payouts and the level of personal injury litigation. The council has sent lobbying materials to state law societies and bar associations, and says it aims to make the reforms an issue at the next NSW election.

In a recent speech NSW Chief Justice Jim Spigelman said the changes had prevented some seriously injured people from suing for general damages. “The threshold has made claims virtually uneconomic from the point of view of the legal profession,” he said.

The Insurance Council of Australia has branded the comments as short-sighted and not in the community’s interests. Executive Director Alan Mason says it’s too soon – and too dangerous – to make changes, as the legislative reform program is not even finished.

Mr Mason says the main reforms, including thresholds, apply to general damages (pain and suffering) for minor injuries. Compensation is still available for loss of earnings, medical and hospital costs, attendant care and other needs.