The Law Reform Commission Report on Capping Damages in Personal Injuries which was published last Wednesday (30 September), considers whether it would be constitutionally permissible to legislate for capping general damages in personal injuries cases. It concludes that two possible legislative models – the current Judicial Council Act 2019 model and another based on Australian and English legislation – could be constitutionally permissible. The Deputy will appreciate that this is a complex area of law and my Department is currently assessing the LRC Report with a view to presenting options for progress to the Government by the end of the year.
Insurance reform is a key priority for this Government. A Sub Group of the Cabinet Committee on Economic Recovery and Investment has been established specifically to address insurance issues; this group held its first meeting on 30 September 2020.