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Australia judge warns against tort reform

Publish date: 07 March 2005
Issue Number: 1290
Diary: Legalbrief Today
Category: Labour

Tort reform, an issue that is drawing much attention in the US where the Bush administration is hell bent on curbing what it terms ‘frivolous and excessive’ lawsuits, is also under debate in Australia.

Australian High Court judge Michael Kirby has commented that they must be careful not to unfairly curtail the rights of injured people to sue. He says the courts and government need to be cautious in advancing notions of personal responsibility at the expense of an injured plaintiff\'s rights, reports The Age. Law Council president John North said Justice Kirby\'s comments confirmed the Law Council\'s fears that such reforms were denying many deserving Australians the right to claim compensation for personal injuries. He said: ‘Premium payers are still paying high rates, while on the other side of the equation thousands of reasonable and genuine claims are denied because of so-called tort reform’. Full report in The Age

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