114BMeaning of related trust—ch 8A 89

114B Meaning of related trust—ch 8A 89 114BA Time when child abuse etc happens 90 114BB Definitions—pt 8A.1A 91 114BC Meaning of employee—pt 8A.1A 91 114BD Organisations that are responsible for child 92 114BE Organisations vicariously liable for child abuse perpetrated by employees 92 Part 8A.2 Institutional child abuse—proceedings against unincorporated bodies 114C Unincorporated bodies 93 114D Unincorporated body may nominate defendant 93 114E Court may appoint related trust as defendant 94 114F Proceedings may be commenced before nomination or appointment 96 114G Liability of trustee if nominated or appointed as defendant 96 114H Defendant may rely on defences and immunities etc 98 Part 8A.3 Institutional child abuse—setting aside abuse settlement agreements 114I Object—pt 8A.3 99 114J Definitions—pt 8A.3 99 114K Court may set aside abuse settlement agreement 100 114L Court may also set aside other things 101 114M Effect of setting aside abuse settlement agreement 102 115 Objects—ch 9 103 116 Definitions—ch 9 104 117 Ch 9 binds Crown 108 Page contents 8 Civil Law (Wrongs) Act 2002 Division 9.2.1 Defamation and the general law 118 Tort of defamation 109 119 Distinction between slander and libel abolished 109 120 Single cause of action for multiple defamatory imputations in same matter 109 121 Certain corporations do not have cause of action for defamation 110 122 No cause of action for defamation of, or against, deceased persons 111 122A Serious harm element of cause of action for defamation 111 122B Definitions—div 9.2.2A 113 122C Exemption for digital intermediaries providing caching, conduit or storage services 114 122D Exemption for search engine providers 115 122E Early determination of digital intermediary exemptions 116 123 Choice of law for defamation proceedings 117 124 Application—div 9.3.1 119 124A Concerns notices 119 124B Defamation proceedings cannot be commenced without concerns notice 121 125 Publisher may make offer to make amends 122 126 When offer to make amends may be made 122 127 Content of offer to make amends 123 128 Withdrawal of offer to make amends 125 129 Effect of acceptance of offer to make amends 126 130 Effect of failure to accept reasonable offer to make amends 126 131 Inadmissibility of evidence of certain statements and admissions 128 132 Effect of apology on liability for defamation 128 Page contents 9 133 Leave required for multiple proceedings in relation to publication of same defamatory matter 129 133A Orders for preliminary discovery about posters of digital matter 129 134 Scope of defences under general law and other law not limited 131 135 Defence of justification 131 136 Defence of contextual truth 131 137 Defence of absolute privilege 132 138 Defence for publication of public documents 133 139 Defences of fair report of proceedings of public concern 135 139AA Defence of publication of matter concerning issue of public interest 140 139A Defence of qualified privilege for provision of certain information 141 139AB Defence of scientific or academic peer review 143 139B Defences of honest opinion 144 139BA Defence for publications involving digital intermediaries 146 139C Defence of innocent dissemination 148 139E Damages to bear rational relationship to harm 150 139F Damages for non-economic loss limited 150 139G State of mind of defendant generally not relevant to awarding damages 151 139H Exemplary or punitive damages cannot be awarded 152 139I Factors in mitigation of damages 152 139J Damages for multiple causes of action may be assessed as single sum 152 139JA Orders against non-party digital intermediaries concerning defamatory digital matter 153 139K Costs in defamation proceedings 154 139L Proof of publication 156 139M Proof of convictions for offences 156 Page contents 10 Civil Law (Wrongs) Act 2002 139N Incriminating answers, documents or things 157 139O Giving of notices and other documents 158 Chapter 10 Trespass 141 Defence to action for trespass to land 159 142 Action for use and occupation of land—amount of damages 159 143 Purpose—pt 11.1 160 144 Definitions—pt 11.1 160 145 Meaning of traveller accommodation 161 146 Meaning of accommodation provider 162 147 Meaning of innkeeper’s liability 162 148 Meaning of guest 162 149 Meaning of property of guest 163 150 Application—div 11.1.2 163 151 Limitation on strict liability under innkeeper’s liability 163 152 Circumstances when limitation does not apply 164 153 Safe custody facilities 165 154 Notice about pt 11.1 166 Division 11.2.1 Preliminary—common carriers 155 Purpose—pt 11.2 167 156 Definitions—pt 11.2 167 Division 11.2.2 When common law liability of carriers not affected 157 Certain things not protected by pt 11.2 167 158 Public notices by carrier not to affect liability 168 Page contents 11 Division 11.2.3 Liability of common carriers for certain goods worth more than $20 159 Liability of carriers for certain goods worth more than $20 168 160 Notice of increased charge for transport of certain goods 168 161 Receipt of carrier for increased charge 169 162 Carrier only liable for proven amount for certain goods 169 Division 11.2.4 Liability of common carriers for certain animals 163 Definitions—div 11.2.4 170 164 Liability of carriers for certain animals 170 165 Notice of increased charge for transport of certain animals 171 166 Carrier only liable for proven amount for certain animals 172 Division 11.2.5 Notice, condition or declaration of carrier 167 Carrier liable for neglect or default despite notice etc 172 168 Liability of occupiers 174 Part 12.2 Liability for damage caused by animals 169 Evidence of breach of duty for animals 176 Part 12.3 Liability for fires accidentally begun 170 Actions do not lie for damage caused by accidental fires 177 171 Contract between landlord and tenant not affected 177 172 Definitions—ch 13 178 173 Removal of certain bars to rescission for misrepresentation 178 174 Damages for misrepresentation 179 175 Damages instead of rescission for misrepresentation 179 176 Exclusion clauses—misrepresentation 180 177 Misrepresentation in trade or commerce an offence 181 178 Employer etc liable for misrepresentation 181 Page contents 12 Civil Law (Wrongs) Act 2002 179 Prosecutions for misrepresentation 182 Part 14.1 Maximum costs for certain personal injury damages claims 180 Definitions—pt 14.1 183 181 Maximum costs for claims of $50 000 or less 183 182 Costs incurred after offer of compromise not accepted 185 183 Exclusion of costs unnecessarily incurred etc 186 184 Court discretion to allow additional costs 187 185 Apportionment of costs between lawyers 187 Part 14.2 Costs in damages claims if no reasonable 186 Definitions—pt 14.2 188 187 Application—pt 14.2 188 188 Certificate that claim or defence has reasonable prospects of success 189 189 Costs order against lawyer acting without reasonable prospects of success 189 190 Onus on lawyer to show facts provided reasonable prospects of success 190 191 Purpose of pt 15.1 etc 192 192 Meaning of mediation, neutral evaluation etc 192 193 Who can be a mediator 193 194 Who can be an evaluator 193 195 Referral by tribunal for mediation or neutral evaluation 193 196 Duty of parties to take part in neutral evaluations 194 197 Costs of neutral evaluation 194 198 Agreements and arrangements arising from mediation sessions 194 Page contents 13 199 Privilege for neutral evaluations 194 200 Secrecy by evaluators 196 201 Protection from liability for evaluators 196 206 Amount of liability charge on insurance money payable against liability 197 207 Enforcement of charge on insurance money 197 208 Protection of insurer for pt 15.3 charge 198 209 Certain other provisions not affected by pt 15.3 198 Part 15.4 Abolition of certain common law actions, rules and remedies 210 Abolition of seduction, enticement and harbouring 199 211 Abolition of rule about unity of spouses 199 212 Abolition of action of cattle-trespass 199 213 Abolition of distress damage feasant 199 214 Abolition of rules relating exclusively to liability for damage by animals 200 215 Partial abolition of rule in Rylands v Fletcher 200 216 Abolition of rule of common employment 200 217 Abolition of husband’s liability for wife’s torts and premarital obligations 200 218 Abolition of action for loss of consortium 200 219 Abolition of rule in Cavalier v Pope 201 220 Partial abolition of Mocambique rule 201 221 Abolition of torts of maintenance and champerty 201 Part 15.5 Other provisions 222 Approved forms 203 222A Determination of fees 203 223 Regulation-making power 203 Chapter 19 Transitional—Civil Law (Wrongs) Amendment Act 2024—absolute privilege 254 Absolute privilege amendments 204 255 Expiry—ch 19 205 Page contents 14 Civil Law (Wrongs) Act 2002 Chapter 20 Transitional—Civil Law (Wrongs) Amendment Act 2024 256 Definitions—ch 20 206 257 Digital intermediary amendments 206 258 Offer amendments 207 259 Preliminary discovery or non-party digital intermediary order amendments 208 260 Document giving or service amendments 209 261 Expiry—ch 20 209 Chapter 21 Transitional—Civil Law (Wrongs) (Organisational Child Abuse Liability) 262 Application of pt 8A.1A 210 263 Expiry—ch 21 210 Schedule 1A Additional publications to which absolute privilege applies 211 1A.1 Definitions—sch 1A 211 1A.2 Matter published to bar association etc 211 1A.3 Matter published to human rights commission etc 212 1A.4 Matter published to integrity commission etc 212 1A.5 Matter published to inspector of correctional services 213 1A.6 Matter published to law society etc 214 1A.7 Matter published to office of the work health and safety commissioner etc 215 1A.8 Matter published to official visitor etc 215 1A.9 Matter published to public trustee and guardian etc 216 1A.10 Matter published to sentence administration board etc 216