Project No. 66

Commenced: 1976
Completed: 1978

At common law, a person cannot receive damages in tort for the death of another. In 1846 an English statute, generally known as ‘Lord Campbell’s Act’, was enacted to remedy this situation. Western Australia adopted Lord Campbell’s Act by Ordinance in 1849 and this formed the basis of the Fatal Accidents Act 1959 (WA). The class of people entitled to claim damages for a wrongful death under the Act was restricted to the deceased’s surviving spouse, children, step-children, grandchildren, parents, step-parents and grandparents. Additionally, claims were limited to economic and material loss and did not include non-economic loss such as grief, loss of companionship and mental suffering.