Regulation 3 of the Civil Liability Regulation 2003 (NSW), which excludes from Part 4's proportionate liability regime any civil liability arising before 26 July 2004, is valid. The regulation-making power in s 3B(3) of the Civil Liability Act 2002 (NSW) expressly authorises regulations that are otherwise inconsistent with the Act, and a 'class of civil liability' may be defined partly by reference to time. Concurrent tortfeasors whose liability arose before 26 July 2004 remain subject to the common law rule of joint and several liability, not the proportionate liability regime in Part 4.
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