A defendant raising a proportionate liability defence under Part 4 of the Civil Liability Act 2002 (NSW) must plead the material facts establishing each alleged concurrent wrongdoer's status, including: (a) the identity of the person; (b) the specific act or omission; and (c) the causal connection between that act or omission and the plaintiff's loss. A bare assertion that named persons 'may be concurrent wrongdoers' without these material facts will be struck out. The defence should be pleaded with the same precision as a cross-claim against the alleged concurrent wrongdoer. Part 4 cannot be invoked for liability arising before 26 July 2004.
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