The Compensation to Relatives Act
The Compensation to Relatives Act is an 1897 piece of Australian legislation. The act identifies who is able to bring a lawsuit claiming the wrongful death of a relative and the procedure for those lawsuits in court.
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Identification
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The Compensation to Relatives Act identifies which relative may bring a lawsuit upon the death of a relative. This is limited to a spouse, sibling, half-sibling, parent and child. Only one lawsuit may be brought but multiple individuals may be included on the lawsuit.
Consolidation
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Because the act consolidates the potential liability against a defendant into one lawsuit, the defendant is only obligated to make one lump payment, if he so chooses. No payments out of court are allowed once the lawsuit has been brought by the plaintiff(s).
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Splitting of the Payment
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When a lawsuit is brought to trial and the defendant is determined to have caused a relative's death, it is up to the jury to determine what percentage of the payment goes to which relative.
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