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Legislative Assembly for the ACT: 2003 Week 8 Hansard (21 August) . . Page.. 3093 ..

5

Clause 13

Proposed new section 31ZG (1)

Page 31, line 25-

after

possession

insert

and on which the respondent relies in the claim

6

Clause 14

Proposed new section 31ZW

Page 39, line 18-

omit

7

Clause 23

Proposed new section 118A, definition of reasonable prospects of success

Page 48, line 18-

omit the definition, substitute

reasonable prospects of success

-

(a) a claim has reasonable prospects of success if there is an arguable case for damages being recovered on the claim; and

(b) a defence has reasonable prospects of success if there is an arguable case for the defence defeating the claim or leading to a reduction of damages recovered on the claim.

8

Clause 23

Proposed new section 118E (1A)

Page 51, line 7-

insert

(1A) However, the presumption does not arise if the court considers the lawyer could not reasonably be expected to have foreseen the finding.

Example

The finding is based on evidence given by a witness that contradicts what the witness had previously told the lawyer.

Note An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).

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