Recovery proceeding under s 369 of the Workplace Injury Rehabilitation and Compensation Act 2013 (Vic)
Quick Take
1The doctrine of equitable contribution applies between defendants each liable to indemnify the Victorian WorkCover Authority under s 369 of the Workplace Injury Rehabilitation and Compensation Act 2013 (Vic), notwithstanding that their respective statutory 'ceilings' differ; the liabilities need only be of the same nature and quality, not identical in quantum.
2The WIRCA does not, expressly or by implication, exclude equitable rights of contribution between co-obligors subject to s 369 indemnity obligations, and the statutory formula's accommodation of relative fault through factor 'X' does not remove the unfairness that equity addresses where one party's payment discharges another's liability.
3Where both parties agreed the approach was available, contribution between s 369 co-obligors may be apportioned by reference to the ratio of their respective 'X' factors (here, 30/95ths), rather than strictly by the 'independent liabilities' method applied in prior double insurance authorities such as GRE Insurance v QBE Insurance Ltd and Drayton v Martin.
