10Assessing damages

### 10 Assessing damages > *\[Section 10 Amended by 7 Geo. VI No. 34, s. 2 \]**\[Section 10 Amended by No. 77 of 1955, s. 2 \]**\[Section 10 Amended by No. 43 of 1956, s. 2 \]**\[Section 10 Amended by No. 55 of 1965, s. 5 \]* > > > (1)  *\[Section 10 Subsection (1) amended by No. 68 of 1994, s. 3 and Sched. 1 \]*In assessing damages in any action under this Act, there shall not be taken into account – > > > > > > (a) any sum paid or payable on the death of the deceased under any contract of insurance or assurance, whether made before or after the commencement of this Act; > > > > > > > (b) [*\[Section 10 Subsection (1) amended by No. 18 of 2008, s. 21, Applied:26 Jun 2008\]*](/view/html/inforce/2008-06-26/act-2008-018#GS21@EN) the value of such portion of the estate of the deceased person as passes to the members of his family, except so far as that value exceeds the sum of $250 000; > > > > > > > (c) any sum paid or payable out of any superannuation, provident, or like fund or by way of benefit from a friendly society, benefit society, or trade union, whether that sum forms portion of the estate of the deceased person or not; or > > > > > > > (d) any sum paid or payable by way of pension, benefit, or allowance under – > > > > > > > > > > (i) [*\[Section 10 Subsection (1) amended by No. 16 of 2006, s. 22, Applied:01 Nov 2006\]*](/view/html/inforce/2006-11-01/act-2006-016#GS22@EN) the [Veterans' Entitlements Act 1986](/view/html/inforce/2026-04-12/act-9999-999) of the Commonwealth; or > > > > > > > > > > > (ii) the [Social Security Act 1991](/view/html/inforce/2026-04-12/act-9999-999) of the Commonwealth – > > > > > > > > or under any Act (whether an Act of the Commonwealth or of this State) amending or replacing any such Act. > > > (2)  In any action brought under this Act damages may be awarded in respect of the expenses of the funeral or cremation of the deceased person and the reasonable cost of erecting a headstone or tombstone over the grave of the deceased person and hospital and medical expenses incurred as a result of the wrongful act causing his death if such expenses have been incurred or paid by the parties by whom, or for whose benefit, the action is brought, whether or not any such parties have sustained other pecuniary loss by reason of the death of the deceased.