Alex White (Labour)

Perhaps the Minister would clarify the section, as it seems the most important word is "may" in the phrase "the Supreme Court may, in addition to any other order that it deems appropriate". It is already a long-standing element of our law that the Supreme Court can make a finding or conclude that damages awarded in the High Court are excessive. Cases go back to the High Court for that reason.

This appears simply to introduce an important additional provision allowing the Supreme Court to substitute itself in the award for damages in the circumstances of the case instead of sending the matter back to the High Court. That would appear to be the net difference introduced by the section. We all are familiar with cases where the Supreme Court has indicated damages to be excessive and sent them back to the High Court.

On the issue whether it is appropriate, Senator Walsh raised an interesting question in respect of section 29 and whether the Supreme Court would be required to have regard to all the matters to which the High Court was required to have regard. As people are aware, the matter is not opened again in the Supreme Court in terms of evidence and that could not be so. It would seem appropriate that the Supreme Court would have regard to the issues before it on appeal. It would not be appropriate, however, for evidence to be reintroduced and that would not happen in the Supreme Court. As matters stand, if I am right in my interpretation of section 12, it simply obviates the necessity to send every case back to the High Court, empanel new juries, etc. to allow the Supreme Court in the circumstances to substitute its own award, which I remind Senator Norris could be higher, although it could be lower too. If I am right in my interpretation of the section, it is appropriate.