Wrongful Death Requirements
An action cannot be brought under the Act unless the deceased could have brought an action at the time of death: Partridge v Chick (1951) 84 CLR 611.
Both the injury and death must have been caused by the Def. See Lisle v Brice  2 Qd R 168.
the statutory right of action lies against the person who would have been liable to the deceased had he or she lived: Nominal Defendant v Taylor (1982) 154 CLR 106.
Any defences that the defendant may have raised against the deceased in an action will also apply.
Under s. 65(1), not more than 1 proceeding can be brought against a person in relation to a death. The proceeding may be brought by the personal representative of the deceased person, or by any 1 or more of the members of the deceased's family who suffered damage because of the death, for the benefit of the members of the deceased's family who suffered damage because of the death (s. 65(2)).
“member of the deceased's family” means: spouse, parent, grandparent and child of deceased. See s. 62 for definitions.
s.67 – damages for spouse’s benefit. Possible financial benefit from future relationships not taken into account, but will be if currently in a new relationship.