Law Reform (Miscellaneous Provisions) Act 1956

This section applies where damage is suffered by a person as a result of a tort (whether an offence or not).

Judgment recovered against a tort-feasor liable in respect of the damage is not a bar to an action against any other person who would, if sued, have been liable as a joint tort-feasor in respect of the same damage.

If more than one action is brought in respect of the damage by or on behalf of the person by whom it was suffered, or for the benefit of the estate, or of a spouse, de facto partner, sibling, half-sibling, parent or child, of that person against tort-feasors liable in respect of the damage (whether as joint tort-feasors or otherwise):

the sums recoverable under the judgments given in those actions by way of damages do not in the aggregate exceed the amount of the damages awarded by the judgment first given; and

in any of those actions other than that in which judgment is first given, the plaintiff is not entitled to costs unless the court is of opinion that there was reasonable ground for bringing the action.

A tort-feasor liable in respect of the damage may recover contribution from any other tort-feasor who is, or would if sued have been, liable in respect of the same damage, whether as a joint tort-feasor or otherwise, but no person is entitled to recover contribution under this section from a person entitled to be indemnified by him in respect of the liability in respect of which the contribution is sought.

Where the tort causing the damage was, or the torts causing the damage were, committed by a spouse or de facto partner of the person suffering the damage and some other person, that other person may recover contribution as mentioned in subsection (4) from a spouse or de facto partner, as if a spouse or de facto partner had been liable to the person suffering the damage.