Proportionate Liability Act 2005

This Act may be cited as the Proportionate Liability Act 2005.

This Act comes into operation on the date fixed by the Administrator by notice in the Gazette.

In this Act, unless the contrary intention appears:

apportionable claim means an apportionable claim to which this Act applies by virtue of section 4.

concurrent wrongdoer has the meaning in section 6(1).

court means the court, tribunal or other statutory body determining a proceeding.

damages includes any form of monetary compensation for loss or damage.

defendant includes any person joined as a defendant in a proceeding, whether joined under this Act or otherwise.

economic loss does not include economic loss resulting from a personal injury.

loss or damage means economic loss or damage to property.

proceeding means a proceeding involving an apportionable claim.

This Act binds the Crown in right of the Territory and, to the extent the legislative power of the Legislative Assembly permits, the Crown in all its other capacities.

Part 2 Proportionate liability

Division 1 Preliminary matters

A concurrent wrongdoer is one of 2 or more persons whose acts or omissions caused (either jointly or independently) the loss or damage that is the subject of a claim for damages.

In applying this Part to an apportionable claim, it is immaterial that a concurrent wrongdoer is insolvent, is being wound up, has ceased to exist or has died.

This section applies to a concurrent wrongdoer (the excluded concurrent wrongdoer) who intended to cause, or fraudulently caused, the loss or damage that is the subject of an apportionable claim.

This Part does not limit the liability of the excluded concurrent wrongdoer for that loss or damage.

The liability of the excluded concurrent wrongdoer must be determined in accordance with the legal rules that, apart from this

Part, are relevant.

The liability of any other concurrent wrongdoer must be determined in accordance with this Part.

Division 2 General provisions for proceedings

If a proceeding involves 2 or more apportionable claims in respect of the same loss or damage arising out of different causes of action, liability for the loss or damage must be determined in accordance with this Part as if the claims were a single claim.

If a proceeding involves both an apportionable claim and a claim that is not an apportionable claim:

liability for the loss or damage that is the subject of the apportionable claim must be determined in accordance with this Part; and

liability for the loss or damage that is the subject of the other claim must be determined in accordance with the legal rules that, apart from this Part, are relevant to that claim.

This Part applies in relation to a proceeding whether or not all concurrent wrongdoers are parties to the proceeding.

The court may give leave for any one or more persons who are (or may be) concurrent wrongdoers in relation to an apportionable claim to be joined as defendants in the proceeding involving that claim.

The court must not give leave for the joinder of a person who was a party to any previously concluded proceeding in respect of that apportionable claim.