Welcome to commonlaw.com.au, this site is still under development and will become a resource for the provision of information regarding the tort reform that has occurred in Australia over the 3 years.

Insurance companies lobbied for reform on the basis that insurance premiums were sky rocketing due to ridiculous claims and inflated damages awards. However the reality was, and remains, that the increase in premiums was a result of the collapse of FAI HIH and UMP, the events of September 11 2001, rationalisation of the insurance industry via mergers and takeovers and the cyclical nature of the insurance industry.

The Ipp report that was commissioned to investigate the sensationally named 'insurance crisis' concluded that the injury claims were not the cause of the increase in premiums. Despite this, Civil Liability Acts were promulgated throughout Australia which bought into effect the draconian ISV scale which has left persons significantly injured in accidents with little recourse via the common law, originally established to protect the rights of common people.

The result of these reforms is that injured persons are not awarded the money they require in order to meet medical and other rehabilitation costs. Those without private health insurance are forced to revert to the public health system, shifting the burden of liability from the insurance companies unto the public health system and ultimately the Australian Taxpayers.

Recently, NSW premier Bob Carr announced plans to shift to a no-fault statutory scheme for compensation. The same system is in place in New Zealand and has resulted in liability as at - 30 June 2000 - of 6.4 Billion dollars being imposed upon the New Zealand tax payers. Keeping in mind that the population of New Zealand is around 3 millions, the implementation of the same scheme in Australia would be catastrophic culminating in great injustice. Further, claimants in New Zealand have been put in a position where they are no longer able to work, but receive only $65 a week. Finally, the no-fault scheme provides no incentive for persons not to be negligent.

This site will expand and provide further information regarding the importance of the preservation of common law. In the mean time, you can refer to the Australian Lawyers Alliance for current press releases by clicking here.