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This is a Bill, not an Act. For current law, see the Acts databases.
PARLIAMENT OF VICTORIA
Wrongs (Amendment) Act 2000
Act No.
TABLE OF PROVISIONS
Clause Page
1. Purpose 1
2. Commencement 1
3. Principal Act 2
4. Definitions 2
5. Apportionment principle applicable to claims in contract 2
6. Consequential amendments 3
7. New section 27 inserted 4
27. Supreme Court--limitation of jurisdiction 4
8. New section 28AA inserted 4
28AA. Transitional provision 4
ENDNOTES 6
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PARLIAMENT OF VICTORIA
Initiated in Assembly 4 October 2000
A BILL
to amend the Wrongs Act 1958 with respect to the apportionment of
damages in claims arising from breach of contract and for other
purposes.
Wrongs (Amendment) Act 2000
The Parliament of Victoria enacts as follows:
1. Purpose
The purpose of this Act is to amend the Wrongs
Act 1958 with respect to the apportionment of
damages in claims arising from breach of contract.
5 2. Commencement
This Act comes into operation on the day on
which it receives the Royal Assent.
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Act No.
3. Principal Act See:
Act No.
In this Act, the Wrongs Act 1958 is called the 6420
Reprint No. 7
Principal Act. as at
19 November
1998
Law Today:
www.dms.
dpc.vic.
gov.au
4. Definitions
5 In section 25 of the Principal Act, for the
definition of "fault" substitute--
' "wrong" means an act or omission that--
(a) gives rise to a liability in tort in respect
of which a defence of contributory
10 negligence is available at common law;
or
(b) amounts to a breach of a contractual
duty of care that is concurrent and
co-extensive with a duty of care in
15 tort.'.
5. Apportionment principle applicable to claims in
contract
In section 26 of the Principal Act, for sub-section
(1) substitute--
20 "(1) If a person (the claimant) suffers damage as
the result partly of the claimant's failure to
take reasonable care (contributory
negligence) and partly of the wrong of any
other person or persons--
25 (a) a claim in respect of the damage is not
defeated by reason of the contributory
negligence of the claimant; and
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Act No.
(b) the damages recoverable in respect of
the wrong must be reduced to such
extent as the court thinks just and
equitable having regard to the
5 claimant's share in the responsibility for
the damage.
(1A) Sub-section (1) does not operate to defeat
any defence arising under a contract.
(1B) If any contract or enactment providing for
10 the limitation of liability is applicable to the
claim, the amount of damages awarded to the
claimant by virtue of sub-section (1) is not to
exceed the maximum limit so applicable.
(1C) If a claim is brought in a court of limited
15 jurisdiction, the court may award damages
up to the limit of its jurisdiction even though
the amount of damages has first been
reduced under sub-section (1) or (1B).".
6. Consequential amendments
20 (1) In section 26(2) of the Principal Act--
(a) for "the last preceding sub-section"
substitute "sub-section (1)";
(b) for "paragraphs (b) and (c) of the proviso to
the last preceding sub-section" substitute
25 "sub-sections (1B) and (1C)";
(c) for "at fault" substitute "guilty of
contributory negligence".
(2) In section 26(4) of the Principal Act--
(a) for "his own fault and partly of the fault"
30 substitute "his or her failure to take
reasonable care (contributory negligence)
and partly of the wrong";
(b) for "fault" (where thirdly occurring)
substitute "contributory negligence".
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(3) In section 26(5) of the Principal Act, for "at fault"
substitute "responsible for the damage".
(4) In section 26(6) of the Principal Act, for "at fault"
substitute "guilty of contributory negligence".
5 7. New section 27 inserted
After section 26 of the Principal Act insert--
"27. Supreme Court--limitation of jurisdiction
It is the intention of section 26, as amended
by the Wrongs (Amendment) Act 2000, to
10 alter or vary section 85 of the Constitution
Act 1975.".
8. New section 28AA inserted
In Part V of the Principal Act, after section 28
insert--
15 "28AA. Transitional provision
(1) Subject to sub-section (2), the amendments
to this Part made by sections 4, 5 and 6 of
the Wrongs (Amendment) Act 2000 must
be taken to apply to wrongs that occurred
20 before the commencement of that Act as if
those amendments had been in force when
the wrong occurred.
(2) This Part, as in force before the
commencement of the Wrongs
25 (Amendment) Act 2000, continues to apply
to a wrong about which--
(a) a court has, before that commencement,
given judgment or made a decision
(including a judgment or decision about
30 liability only), whether or not an appeal
has been made against that judgment or
decision before that commencement or
is made on or after that
commencement; or
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(b) the persons responsible for the damage
have, before that commencement,
entered into an agreement to settle
claims arising from the wrong
5 (including an agreement about liability
only).".
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Wrongs (Amendment) Act 2000
Endnotes
Act No.
ENDNOTES
By Authority. Government Printer for the State of Victoria.
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