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This statement is correct. At common law, if a person is killed because of another's tortious conduct, the deceased's surviving dependants have no right of action against the person who caused the death. Nor can an action be brought on behalf of the deceased's estate. But legislation now exists to give certain specified dependants a right to claim damages in such circumstances.

Click here to see examples of the legislation.

The wording of the legislation varies between jurisdictions, but all the relevant Acts give a right of action to the dead person's spouse (de facto and de jure); parents, step-parents, grandparents, children (including step-children and ex-nuptial children) and grandchildren.

All jurisdictions except Queensland include full and half-blood siblings of the victim. All except Tasmania and South Australia include persons with whom the dead person had an in loco parentis relationship. Western Australia and both Territories include the divorced spouse of the deceased.

In Victoria it is not necessary to establish one of these specified relationships: it need only be shown that the claimant was wholly, mainly or partly dependent on the deceased at the time the injury occurred.