ALRC Report 32 (tabled 23 October 1986) examined the position in the Australian Capital Territory regarding the doctrine of loss of consortium. This doctrine allows a husband to recover damages for the loss of his wife’s companionship and services resulting from an injury inflicted on her through negligence.
In the ALRC’s first report on community law reform in the ACT, Contributory Negligence in Fatal Accident Cases (ALRC Report 28), it was noted that there was considerable support for a review of the loss of consortium doctrine. One of the Commission’s main concerns was that, in its present form, the law was discriminatory in recognising only a husband’s interests and narrow in its failure to recognise relationships other than marriage.
A draft Bill is included in the report.
View ALRC Report 32 in HTMLon the AustLII website.