Tort Deform or Tort Reform?

Analysis and Evaluation of Victorian Reform in General Damages for Personal Injury under the Tort of Negligence

“…Given this author's unfavourable evaluation of the reform as a whole, it follows that a similar view would be reached with the changes concerning general damages. With the three aims of 'legislative "reform" of the common law tort of negligence…[being] to reduce the cost of legal proceedings; reduce the number of frivolous claims for minor injuries; and to cap the size of large claims', 107 In essence his argument is based on American pragmatism with the idea that the means are justifiable by the end. It is lamentable that the Australian legal system has imported such values from the United States of America rather than commendable features of her legal system.…”