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Sometimes it is difficult, at the time of the trial, to assess the final damages that should be paid to compensate a plaintiff for predicted harm. To overcome this difficulty, some Australian states have made statutory changes to the law. In Western Australia, South Australia and New South Wales, the courts are authorised to make interim assessments and so delay the final calculation of damages until things become clearer.
Because it may be difficult for a defendant to pay the damages due in a lump sum, or for the plaintiff to manage a large sum of money, it is possible for a court to order periodic payments in certain circumstances. In Victoria, courts can approve an agreement by the parties to make periodic payments, known as a ‘structured settlement’.
See a list of the relevant Acts
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