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When an action in tort against a wrongdoer is not available, or may be too uncertain, what are the alternatives? In Australia, compensation for harm can be claimed through a number of compensation systems. There are various such schemes.
Under these schemes, compensation is payable to an injured person whether or not the accident was due to anyone’s negligence. Compensation is also more easily accessible than through a claim against a defendant. The drawback of claiming under such ‘no-fault’ schemes is that the compensation paid is always less than full compensation, and almost always less than might be obtainable in a successful common law action in tort.
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