Indexation of Non-Economic Loss Damages under the Civil Liability Act 2002 (NSW)

In liability claims under the Civil Liability Act 2002 (NSW), depending on the severity of a Claimant’s alleged injuries and disabilities, aside from the heads of damage for economic loss, domestic assistance and care, non-economic loss damages can form a significant component in the assessment of the quantum of a claim and overall damages potentially awarded to a Claimant.

Under section 16 of the Civil Liability Act 2002 (NSW), damages are not to be awarded for non-economic loss unless the severity of the non-economic loss is at least 15% of a most extreme case. If the severity of the non-economic loss (as a proportion of a most extreme case) is equal to or greater than 15% of a most extreme case, the damages for non-economic loss are to be determined as a proportion of the maximum amount that may be awarded for non-economic loss.

In accordance with section 17 of the Civil Liability Act 2002 (NSW), indexation of the maximum amount takes effect from 1 October each year.

Pursuant to the Civil Liability (Non-economic loss) Amendment Order 2018, from 1 October 2018 the new maximum amount for non-economic loss damages under the Civil Liability Act 2002 (NSW) is $635,000.

William Roberts Schedule of Non-Economic Loss Pursuant to Civil Liability  Act 2002 2018-2019.pdf.aspx

Insurers, self-insurers, underwriters, brokers and corporates should all take into account the new maximum amount for non-economic loss damages when assessing claims and determining or adjusting reserves accordingly.

Related News

Walton Construction Class Action – Media Release

MEDIA RELEASE 16 May 2024 Subcontractors Alliance confirms that Williams & Kersten Pty Ltd, the Lead Applicant in a Federal Court class action against National

Read More

The duty of utmost good faith

In life, they say that honesty is the best policy. But did you know that it is actually also one of the most important provisions in

Read More

Recoveries against third party insurers direct

Did you know? When an at-fault third party cannot be found or is dead, or a third party company is deregistered, a cause of action

Read More

Get in touch

Contact our team today

Stay informed

Keep up-to-date with our regular news and insights

This field is for validation purposes and should be left unchanged.
William Roberts Lawyers


Level 22
66 Goulburn Street


Level 21
535 Bourke Street


Level 8
300 Ann Street


Level 19
Singapore Land Tower
50 Raffles Place