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Liability capping: more schemes prescribed by Commonwealth

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The final stage in achieving an effective national capping framework was reached last week when the Commonwealth Government prescribed the Institute schemes in Victoria, South Australia, Queensland, the Northern Territory and Australian Capital Territory, effective from Thursday, 12 June 2008 for a period of 12 months.  
 
Schemes in New South Wales and Western Australia were prescribed on Thursday, 25 October 2007.  
 
For services provided after the prescription date, these state schemes now have effect for any claim made under the Trade Practices Act 1974 (Cwlth), limiting the opportunity for ‘jurisdiction shopping’.  
 
Government review 
The Commonwealth Government has advised that the latest schemes have been approved for a limited period pending a review of the professional standards policy. To date, no further details of this review are available. However, the Institute is committed to working with the government to ensure that the benefits of government prescription are extended to the Vic, SA, Qld, NT and ACT schemes for their five-year duration. 
 
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Last updated: Thursday, 19 June 2008