• Specific Year
    Any

CIVIL LIABILITY ACT 1936

Table of Provisions

PART 1--Preliminary

  • 1 Short title
  • 2 Act to bind the Crown
  • 3 Interpretation
  • 4 Application of Act

PART 3--Liability for animals

  • 18 Liability for animals

PART 4--Occupiers liability

PART 5--Wrongful acts or neglect causing death

  • 23 Liability for death caused wrongfully
  • 24 How to bring action etc
  • 25 Restriction of actions and time of commencement
  • 26 Particulars of person for whom damages claimed
  • 27 Provision where no executor or administrator or action not commenced within 6 months
  • 28 Liability to parents of person wrongfully killed
  • 29 Liability to surviving spouse or domestic partner of person wrongfully killed
  • 30 Further provisions as to solatium etc

PART 6--Negligence

Division 1--Duty of care

Division 2--Causation

  • 34 General principles
  • 35 Burden of proof

Division 3--Assumption of risk

Division 4--Negligence on the part of persons professing to have a particular skill

  • 40 Standard of care to be expected of persons professing to have a particular skill
  • 41 Standard of care for professionals

Division 5--Liability of road authorities

  • 42 Liability of road authorities

Division 6--Exclusion of liability for criminal conduct

  • 43 Exclusion of liability for criminal conduct

PART 7--Contributory negligence

PART 7A--Child abuse--liability of institutions

Division 1--Preliminary

  • 50A Interpretation
  • 50B Meaning of associated trust
  • 50C When persons are associated with institution
  • 50D Application of Part

Division 2--Duty of institutions to prevent child abuse

  • 50E Duty to prevent child abuse
  • 50F Proof of whether duty was breached

Division 3--Vicarious liability of institutions

  • 50G Institutions vicariously liable for abuse of child by employee

Division 4--Liability of particular institutions and office holders

  • 50H Liability of incorporated institution that was unincorporated at time of abuse
  • 50I Liability of current office holder of unincorporated institution
  • 50J Claim against unincorporated institution and nomination of appropriate defendant
  • 50K Proceeding against nominee of unincorporated institution

Division 5--Satisfaction of liability

  • 50L Assets available to satisfy liability of institution
  • 50M Assets available to satisfy liability of nominee
  • 50N Assets available to satisfy liability of current office holder
  • 50O Satisfaction of liability by trustee of associated trust
  • 50P References to liability

Division 6--Miscellaneous

  • 50Q Entities may act despite other laws and duties
  • 50R Continuity of institutions
  • 50S Continuity of offices
  • 50T Corporations Act displacement
  • 50U Proceedings despite previous judgment

PART 7B--Child abuse--setting aside settlements

  • 50V Meaning of affected agreement
  • 50W Court may set aside affected agreement
  • 50X Effect of setting aside affected agreement

PART 8--Damages for personal injury

PART 9--Miscellaneous

Division 1--Rights as between employer and employee

Division 2--Remedies against certain shipowners

  • 60 Remedy against shipowners and others for injuries

Division 3--Damage by aircraft

  • 61 Damage by aircraft
  • 62 Exclusion of liability for trespass or nuisance

Division 4--Abolition of rule of common employment

  • 63 Abolition of rule of common employment

Division 5--Actions in tort relating to spouses and domestic partners

Division 6--Limitation on the award of damages for the costs of raising a child

  • 67 Limitation on the award of damages for the costs of raising a child

Division 7--Abolition of actions of seduction, enticement and harbouring

  • 68 Abolition of actions for enticement, seduction and harbouring

Division 8--Unreasonable delay in resolution of claim

  • 69 Definitions
  • 70 Damages for unreasonable delay in resolution of a claim
  • 71 Regulations

Division 9--Liability for perjury in civil actions

  • 72 Liability for perjury in civil actions

Division 10--Racial victimisation

  • 73 Racial victimisation

Division 11--Good samaritans

  • 74 Good samaritans

Division 11A--Food donors and distributors

  • 74A Food donors and distributors

Division 11B--Supply of food in customers' containers

  • 74B Supplying food in customers' own containers

Division 12--Effect of apology on liability

  • 75 Effect of apology on liability

Division 12A--Exclusion of civil liability where Crown publishes certain information

  • 75A Exclusion of civil liability where Crown publishes certain information

Division 13--Regulations

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