QLDIn ForceAct
Law Reform Act 1995
sec.12Actions in tort between husband and wife
Start here
Get a plain-English read of sec.12
Turn the raw legal text into a practical explanation grounded in Law Reform Act 1995.
### sec.12 Actions in tort between husband and wife
Subject to the provisions of this section, each of the parties to a marriage shall have the like right of action in tort against the other as if they were not married.
Where an action in tort is brought by one of the parties to a marriage against the other during the subsistence of the marriage, the court may stay the action if it appears that no substantial benefit would accrue to either party from the continuation of the proceedings.
In subsection (1) —
parties to a marriage includes reference to persons who were parties to a marriage that has been annulled or dissolved.
s 12 (prev 1968 No. 15 s 2 ) amd 1989 No. 81 s 4 ; 1995 No. 58 s 4 sch 1
reloc 1995 No. 58 s 4 sch 1
(sec.12-ssec.1) Subject to the provisions of this section, each of the parties to a marriage shall have the like right of action in tort against the other as if they were not married.
(sec.12-ssec.2) Where an action in tort is brought by one of the parties to a marriage against the other during the subsistence of the marriage, the court may stay the action if it appears that no substantial benefit would accrue to either party from the continuation of the proceedings.
(sec.12-ssec.3) In subsection (1) — parties to a marriage includes reference to persons who were parties to a marriage that has been annulled or dissolved.