A party that acquires liabilities of another through statutory transfer (such as privatisation) is not a 'concurrent wrongdoer' under s 24AH of the Wrongs Act 1958 (Vic) for the purposes of proportionate liability, because the section requires the acts or omissions of the alleged concurrent wrongdoer to have in fact caused the relevant loss or damage. However, such derivative liability may ground a contribution claim under Part IV of the Act, which uses the broader concept of 'liability' for the 'same damage'. Section 24AP(e) is not engaged by a statutory transfer of liabilities, as it contemplates a statute that in terms prescribes several liability as the appropriate form of liability.
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