(e) a claim in respect of an injury that is an S. 28LC(2)(e) asbestos-related condition. inserted by No. 2/2015 s. 4(2). (3) This Part does not apply to claims in proceedings of a class that is excluded by the regulations from the operation of this Part. (4) This Part extends to a claim for damages for loss even if the claim is founded on breach of contract or any other cause of action. S. 28LD 28LD This Part is substantive law inserted by No. 60/2003 For the avoidance of doubt it is declared that all s. 4. the provisions of this Part contain matters that are substantive law and are not procedural in nature. Division 2—Restriction on recovery of damages for noneconomic loss 28LE Restriction on recovery of damages for noneconomic S. 28LE loss inserted by No. 60/2003 A person is not entitled to recover damages for s. 4. non-economic loss in any proceeding in a court in respect of an injury to a person caused by the fault of another person unless the person injured has suffered significant injury. S. 28LF 28LF What is significant injury? inserted by No. 60/2003 (1) For the purposes of this Part injury to a person s. 4. (other than a psychiatric injury) is significant injury if— (a) the degree of impairment of the whole person resulting from the injury has been assessed by an approved medical practitioner in accordance with this Part as satisfying the threshold level, unless a Medical Panel has made a determination as to the threshold level under Division 5; or
S. 28LC(2)(e) inserted by No. 2/2015 s. 4(2). (e) a claim in respect of an injury that is an asbestos-related condition. (3) This Part does not apply to claims in proceedings of a class that is excluded by the regulations from the operation of this Part. (4) This Part extends to a claim for damages for loss even if the claim is founded on breach of contract or any other cause of action. S. 28LD inserted by No. 60/2003 s. 4. 28LD This Part is substantive law For the avoidance of doubt it is declared that all the provisions of this Part contain matters that are substantive law and are not procedural in nature. Division 2—Restriction on recovery of damages for noneconomic loss S. 28LE inserted by No. 60/2003 s. 4. 28LE Restriction on recovery of damages for noneconomic loss A person is not entitled to recover damages for non-economic loss in any proceeding in a court in respect of an injury to a person caused by the fault of another person unless the person injured has suffered significant injury. S. 28LF inserted by No. 60/2003 s. 4. 28LF What is significant injury? (1) For the purposes of this Part injury to a person (other than a psychiatric injury) is significant injury if— (a) the degree of impairment of the whole person resulting from the injury has been assessed by an approved medical practitioner in accordance with this Part as satisfying the threshold level, unless a Medical Panel has made a determination as to the threshold level under Division 5; or
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