[BIL078-A.HAA]

HOUSE OF ASSEMBLY – No. 48

[As laid on the Table and read a first time, 14 August 2002]

South Australia

[Prepared by the Parliamentary Counsel]

STATUTES AMENDMENT (STRUCTURED SETTLEMENTS) BILL 2002

A Bill For

An Act to amend the District Court Act 1991, the Magistrates Court Act 1991 and the Supreme Court Act 1935.

[OPC-144]

SUMMARY OF PROVISIONS

PART 1

PRELIMINARY

1.Short title

2.Commencement

3.Interpretation

PART 2

AMENDMENT OF DISTRICT COURT ACT 1991

4.Insertion of s. 38A

38A.Consent orders for structured settlements

PART 3

AMENDMENT OF MAGISTRATES COURT ACT 1991

5.Insertion of s. 33A

33A.Consent orders for structured settlements

PART 4

AMENDMENT OF SUPREME COURT ACT 1935

6.Insertion of s. 30BA

30BA.Consent orders for structured settlements

The Parliament of South Australia enacts as follows:

PART 1

PRELIMINARY

Short title

1. This Act may be cited as the Statutes Amendment (Structured Settlements) Act 2002.

Commencement

2. This Act will come into operation on a day to be fixed by proclamation.

Interpretation

3. A reference in this Act to the principal Act is a reference to the Act referred to in the heading to the Part in which the reference occurs.

PART 2

AMENDMENT OF DISTRICT COURT ACT 1991

Insertion of s. 38A

4. The following section is inserted in the principal Act after section 38:

Consent orders for structured settlements

38A. In an action for damages for personal injury, the court may, with the consent of the parties, make an order for damages to be paid wholly or in part in the form of periodic payments, by way of an annuity or otherwise, instead of in a lump sum.

PART 3

AMENDMENT OF MAGISTRATES COURT ACT 1991

Insertion of s. 33A

5. The following section is inserted in the principal Act after section 33:

Consent orders for structured settlements

33A. In an action for damages for personal injury, the court may, with the consent of the parties, make an order for damages to be paid wholly or in part in the form of periodic payments, by way of an annuity or otherwise, instead of in a lump sum.

PART 4

AMENDMENT OF SUPREME COURT ACT 1935

Insertion of s. 30BA

6. The following section is inserted in the principal Act after section 30B:

Consent orders for structured settlements

30BA. In an action for damages for personal injury, the court may, with the consent of the parties, make an order for damages to be paid wholly or in part in the form of periodic payments, by way of an annuity or otherwise, instead of in a lump sum.

By Authority: J. D. Ferguson, Government Printer, South Australia