Commonwealth Consolidated Acts

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COMPETITION AND CONSUMER ACT 2010 - SECT 87CB

Application of Part

             (1)  This Part applies to a claim (an apportionable claim ) if the claim is a claim for damages made under section 236 of the Australian Consumer Law for:

                     (a)  economic loss; or

                     (b)  damage to property;

caused by conduct that was done in a contravention of section 18 of the Australian Consumer Law.

             (2)  For the purposes of this Part, there is a single apportionable claim in proceedings in respect of the same loss or damage even if the claim for the loss or damage is based on more than one cause of action (whether or not of the same or a different kind).

             (3)  In this Part, a concurrent wrongdoer , in relation to a claim, is a person who is one of 2 or more persons whose acts or omissions (or act or omission) caused, independently of each other or jointly, the damage or loss that is the subject of the claim.

             (4)  For the purposes of this Part, apportionable claims are limited to those claims specified in subsection (1).

             (5)  For the purposes of this Part, it does not matter that a concurrent wrongdoer is insolvent, is being wound up or has ceased to exist or died.



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