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New South Wales regulation
This Order sets the dollar caps courts must use for non‑economic loss (pain and suffering) under section 16(2) of the Civil Liability Act 2002, listing operative dates with corresponding maximum amounts. It commences on publication and repeals earlier Orders made under section 17. It affects injured claimants, defendants and insurers by limiting potential awards and therefore shaping settlement incentives and insurer exposure.
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Direct links to the current provisions in Civil Liability (Non-economic Loss) Order 2010.
2 Commencement
This Order commences on the day on which it is published on the NSW legislation website.
3 Maximum amount of damages for non-economic loss
It is declared that, on and from the date specified in Column 1 of the Table to this clause, the amount that is to apply for the purposes of section 16 (2) of the Civil Liability Act 2002 is the amount specified in Column 2 of that Table opposite that specified date.
Table
| Column 1 | Column 2 | | Operative date | Maximum amount of damages for non-economic loss | | 1 October 2002 | $365,000 | | 1 October 2003 | $384,500 | | 1 October 2004 | $400,000 | | 1 October 2005 | $416,000 | | 1 October 2006 | $427,000 | | 1 October 2007 | $442,000 | | 1 October 2008 | $450,000 | | 1 October 2009 | $473,500 | | 1 October 2010 | $500,500 | | 1 October 2011 | $520,000 | | 1 October 2012 | $535,000 | | 1 October 2013 | $551,500 | | 1 October 2014 | $572,200 | | 1 October 2015 | $594,000 | | 1 October 2016 | $605,000 | | 1 October 2017 | $612,500 | | 1 October 2018 | $635,000 | | 1 October 2019 | $658,000 | | 1 October 2020 | $687,000 | | 1 October 2021 | $693,500 | | 1 October 2022 | $705,000 | | 1 October 2023 | $722,000 | | 1 October 2024 | $761,500 | | 1 October 2025 | $804,000 |
cl 3: Am 2011 (531), cl 3; 2012 (475), cl 3; 2013 (555), cl 3; 2014 (652), cl 3; 2015 (589), cl 3; 2016 (652), cl 3; 2017 (540), cl 3; 2018 (557), cl 3; 2019 (485), cl 3; 2020 (570), cl 3; 2021 (549), sec 3; 2022 (577), sec 3; 2023 (546), sec 3; 2024 (506), Sch 1; 2025 (514), Sch 1.
4 Repeal
Every Order made under section 17 of the Civil Liability Act 2002 before the commencement of this Order is repealed.
Sourced from legislation.nsw.gov.au, CC BY 4.0.
1 Name of Order
This Order is the Civil Liability (Non-economic Loss) Order 2010.
2 Commencement
This Order commences on the day on which it is published on the NSW legislation website.
3 Maximum amount of damages for non-economic loss
It is declared that, on and from the date specified in Column 1 of the Table to this clause, the amount that is to apply for the purposes of section 16 (2) of the Civil Liability Act 2002 is the amount specified in Column 2 of that Table opposite that specified date.
Table
| Column 1 | Column 2 | | Operative date | Maximum amount of damages for non-economic loss | | 1 October 2002 | $365,000 | | 1 October 2003 | $384,500 | | 1 October 2004 | $400,000 | | 1 October 2005 | $416,000 | | 1 October 2006 | $427,000 | | 1 October 2007 | $442,000 | | 1 October 2008 | $450,000 | | 1 October 2009 | $473,500 | | 1 October 2010 | $500,500 | | 1 October 2011 | $520,000 | | 1 October 2012 | $535,000 | | 1 October 2013 | $551,500 | | 1 October 2014 | $572,200 | | 1 October 2015 | $594,000 | | 1 October 2016 | $605,000 | | 1 October 2017 | $612,500 | | 1 October 2018 | $635,000 | | 1 October 2019 | $658,000 | | 1 October 2020 | $687,000 | | 1 October 2021 | $693,500 | | 1 October 2022 | $705,000 | | 1 October 2023 | $722,000 | | 1 October 2024 | $761,500 | | 1 October 2025 | $804,000 |
cl 3: Am 2011 (531), cl 3; 2012 (475), cl 3; 2013 (555), cl 3; 2014 (652), cl 3; 2015 (589), cl 3; 2016 (652), cl 3; 2017 (540), cl 3; 2018 (557), cl 3; 2019 (485), cl 3; 2020 (570), cl 3; 2021 (549), sec 3; 2022 (577), sec 3; 2023 (546), sec 3; 2024 (506), Sch 1; 2025 (514), Sch 1.
4 Repeal
Every Order made under section 17 of the Civil Liability Act 2002 before the commencement of this Order is repealed.