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Tort law reforms won’t be uniform

Federal and state governments are taking similar but not completely uniform approaches to tort law reform after Friday’s ministerial meeting of Treasury heads in Brisbane. While there was agreement on a package to implement “key recommendations” of the Ipp report, it’s understood that the state and territory governments were unable to reach agreement on several important ones.

This means that statewide reforms won’t be fully consistent with federal reforms, but will mirror those already put forward by NSW, which implements most of Ipp’s proposals.

It also means that the first, and perhaps most important recommendation of the Ipp report, which calls for its recommendations to be incorporated in one single piece of legislation and be implemented in every jurisdiction, won’t be possible.

But Federal Assistant Treasurer Helen Coonan is adamant the states’ reforms would overall be consistent. “Each jurisdiction will be implementing reforms on a nationally consistent basis,” she said. “There are some differences in relation to caps on damages and that really reflects the very different economic conditions in different states.”

ICA has also welcomed the reforms, saying ministers had agreed with “the thrust of the recommendations”. Executive Director Alan Mason said this would “make the assessment and pricing of risk easier for insurers”.

Senator Coonan said the Federal Government will continue with plans to amend the Trade Practices Act. She said all states and territories have agreed to have legislation in place early next year. The ministers will meet again in Perth in early April.