Part 4 (proportionate liability) of the Civil Liability Act 2002 (NSW) does not apply to claims for equitable compensation based on knowing receipt of property transferred in breach of fiduciary duty, because such claims are not claims 'arising from a failure to take reasonable care'. The duty in knowing receipt is not to knowingly receive property with knowledge of impropriety — it is a subjective knowledge-based standard, not an objective reasonable care standard. Defendants in knowing receipt claims cannot rely on proportionate liability to limit their joint and several liability. The question whether proportionate liability applies to strict liability claims where negligence is also present in fact was left open.
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