Reform of Tort Laws in Assessment

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The tort law reforms proposed at the national public liability summit in 2002 were described in a letter read into the record as being "a sensible mechanism for ensuring small businesses and community organisations can remain in operation and access public liability insurance. They are part of a range of practical measures to deal with this issue" (Commonwealth of Australia Parliamentary Debates 2002, p. 2900). The point was also brought out during the national public liability summit that there needs to be a national uniform approach to the adjudication of tort laws given the different approaches being implemented by the several states (Commonwealth of Australia Parliamentary Debates 2002, p. 2905). This need was echoed by the editors of Defense Counsel Journal the Review who recommended ". . . that uniform, or at least very similar, legislation be enacted in each jurisdiction.

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This may well be a forlorn hope, given that various states already have announced, or in some cases even enacted, their own reforms" (Tort Law Reform Steaming in Australia 2002, p. 406).

The impact of the so-called "Ipp Report" could have far-reaching implications for tort reform in Australia, including a potential 13.5 per cent initial reduction in public liability premiums if all of the recommendations are implemented (Clark & Harris 2005). There is also some evidence that tort reform laws are already working, with the number of civil cases brought in the District Court of New South Wales having declined from an unprecedented level of 20,784 in 2001 to fewer than 8,000 by 2003 (Clark & Harris 2005). These trends appear to be having a cyclical effect as well, with fewer lawyers now specializing in personal injury cases which will.....

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