Victorian Consolidated Legislation

Wrongs Act 1958 - SECT 24AI

Proportionate liability for apportionable claims

24AI. Proportionate liability for apportionable claims



(1) In any proceeding involving an apportionable claim-

   (a)  the liability of a defendant who is a concurrent wrongdoer in relation
        to that claim is limited to an amount reflecting that proportion of
        the loss or damage claimed that the court considers just having regard
        to the extent of the defendant's responsibility for the loss or
        damage; and

   (b)  judgment must not be given against the defendant for more than that
        amount in relation to that claim.

(2) If the proceeding involves both an apportionable claim and a claim that is
not an apportionable claim-

   (a)  liability for the apportionable claim is to be determined in
        accordance with this Part; and

   (b)  liability for the other claim is to be determined in accordance with
        the legal rules, if any, that (apart from this Part) are relevant.

(3) In apportioning responsibility between defendants in the proceeding the
court must not have regard to the comparative responsibility of any person who
is not a party to the proceeding unless the person is not a party to the
proceeding because the person is dead or, if the person is a corporation, the
corporation has been wound-up.