19Assessment of damages

19 Assessment of damages (1) In assessing damages in any action under this Part, whether commenced before or after the passing of the **Wrongs (Assessment of Damages) Act 1966**, there shall not be taken into account— (a) a sum paid or payable on the death of the deceased person under any contract of assurance or insurance (including a contract made with a friendly or other benefit society or association or trade union); (b) a sum paid or payable out of any superannuation provident or like fund; (c) a sum paid or payable by way of pension benefit or allowance under any law of the Commonwealth or the State or under the law of any other State territory or country; or (d) a sum paid or payable as a gratuity— whether any such sum is paid or payable to the estate of the deceased person or to any person for whose benefit the action is brought. S. 19(1A) inserted by No. 69/2008 s. 12. (1A) In assessing damages in any action under this Part, there shall not be taken into account— (a) any damages under section 29(2A) of the **Administration and Probate Act 1958** recovered or recoverable for the benefit of the estate of the deceased person; or (b) any share of those damages paid or likely to be paid to any person for whose benefit the action under this Part is brought. S. 19(2) inserted by No. 6/2004 s. 3. (2) In assessing damages in an action under this Part, that is commenced on or after the commencement of the **Wrongs (Remarriage Discount) Act 2004**, no separate reduction may be made on account of— (a) the remarriage or formation of a domestic partnership; or (b) the prospects of remarriage or formation of a domestic partnership— of the surviving spouse or domestic partner, or a surviving former spouse or former domestic partner, of the deceased person. S. 19(3) inserted by No. 6/2004 s. 3. (3) In subsection (2)— S. 19(3) def. of *domestic partner* substituted by No. 12/2008 s. 73(1)(Sch. 1 item 68.1), amended by No. 4/2009 s. 37(Sch. 1 item 30.1). ***domestic partner*** of a person who dies means— (a) a person who was, at the time of death, in a registered domestic relationship with the person; or (b) an adult person to whom the person was not married at the time of death but with whom the person was in a relationship as a couple where one or each of them provided personal or financial commitment and support of a domestic nature for the material benefit of the other, irrespective of their genders and whether or not they were living under the same roof, but does not include a person who provided domestic support and personal care to the person— (i) for fee or reward; or (ii) on behalf of another person or an organisation (including a government or government agency, a body corporate or a charitable or benevolent organisation); ***spouse*** of a person who dies means a person who was married to the person at the time of the person's death. S. 19(4) inserted by No. 6/2004 s. 3, substituted by No. 12/2008 s. 73(1)(Sch. 1 item 68.2). (4) For the purposes of the definition of ***domestic partner*** in subsection (3)— S. 19(4)(a) amended by No. 4/2009 s. 37(Sch. 1 item 30.2(a)). (a) ***registered domestic relationship*** has the same meaning as in the **Relationships Act 2008**; and S. 19(4)(b) amended by No. 4/2009 s. 37(Sch. 1 item 30.2(b)). (b) in determining whether persons who were not in a registered domestic relationship were domestic partners of each other, all the circumstances of their relationship are to be taken into account, including any one or more of the matters referred to in section 35(2) of the **Relationships Act 2008** as may be relevant in a particular case; and (c) a person is not a domestic partner of another person only because they are co-tenants. S. 19(5) inserted by No. 6/2004 s. 3. (5) Except as provided in this section, nothing in this section affects any other law relating to damages in an action under this Part. S. 19A inserted by No. 102/2003 s. 4.