CIVIL LIABILITY REGULATION 2014 - REG 5 Proportionate liability

This legislation has been repealed.

CIVIL LIABILITY REGULATION 2014 - REG 5

5 Proportionate liability

(1) Any civil liability to which Part 4 of the Act would have applied but for this clause is excluded from the operation of that Part, and from the operation of clauses 6 and 13 of Schedule 1 to the Act in their application to that Part, if the liability arose before 26 July 2004.

(2) Subclause (1) does not apply to any civil liability in respect of a building action or subdivision action (within the meaning of Part 4C of the Environmental Planning and Assessment Act 1979 ) commenced on or after 1 December 2004 (even if liability arose before 26 July 2004). Accordingly, Part 4 of the Act applies in respect of such an action.

Note : Clause 8 of Schedule 1 to the Act provides that Part 4 of the Act does not apply to building or subdivision actions commenced before the commencement of Part 4 on 1 December 2004. Section 109ZJ (Apportionment of liability) of the Environmental Planning and Assessment Act 1979 continues to apply to such actions despite its repeal by the Civil Liability Amendment (Personal Responsibility) Act 2002 .