Claims for breach of statutory warranties under s 8 of the Domestic Building Contracts Act 1995 are not apportionable claims under Part IVAA of the Wrongs Act 1958 because they do not arise from a failure to take reasonable care. The characterisation of a claim as apportionable depends on how the plaintiff frames the claim, not on whether the defendant's conduct could alternatively be characterised as negligent. BCA clause C1.12(f) requires all laminates (including the core) of bonded laminated materials to be non-combustible; ACPs with polyethylene cores do not comply. The peer professional opinion defence under s 59(2) of the Wrongs Act may be displaced where the practice lacks a logical basis, and the Victorian 'unreasonable' standard is broader than the NSW 'irrational' standard.
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