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Queensland gets liability reforms

Juries will no longer preside over personal injury cases in Queensland under Premier Peter Beattie’s new liability reform package, which was passed last week.

The Personal Injuries Proceedings Act also bans lawyers from advertising “no win no fee” arrangements, excludes punitive damages from insurance cover and caps the loss of earnings capacity to three times average weekly earnings.

ICA Executive Director Alan Mason said the legislation will help improve the claims process. “Many of the procedural changes will help make the process more efficient but there may be difficulties applying them in some of the more complex public liability insurance arrangements,” he said.

Suncorp Group Executive for General Insurance John Trowbridge said the reforms “should lead to much greater stability in the system and enable insurance companies to offer public liability cover at affordable prices”.

He said the reforms resemble the NSW Government’s initiatives. “They demonstrate that governments are recognising the need for decisive action to resolve the problems in public liability insurance.”