Where an agent makes representations on behalf of a principal and the conduct is attributed to the principal by statute, the agent and principal perform a single set of acts causing loss and are not 'concurrent wrongdoers' under s 87CB(3) of the Trade Practices Act, so proportionate liability provisions do not apply. However, an agent who makes an unauthorised representation may be separately liable under the Fair Trading Act and severally liable under s 32F of the Civil Liability Act 2003 (Qld). A claim remains apportionable under s 87CB even where the same conduct also contravenes s 53A.
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