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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
Law Reform (Contributory Negligence
and Tortfeasors' Contribution)
Amendment Bill 2001
CONTENTS
1. Short title 1
2. Commencement 2
3. The Act amended 2
4. Section 3A inserted 2
5. Transitional provision 2
page i
74--2
Western Australia
LEGISLATIVE ASSEMBLY
(As amended during consideration in detail)
Law Reform (Contributory Negligence
and Tortfeasors' Contribution)
Amendment Bill 2001
A Bill for
An Act to amend the Law Reform (Contributory Negligence and
Tortfeasors' Contribution) Act 1947, and for related purposes.
The Parliament of Western Australia enacts as follows:
1. Short title
This Act may be cited as the Law Reform (Contributory
Negligence and Tortfeasors' Contribution) Amendment
Act 2001.
page 1
Law Reform (Contributory Negligence and Tortfeasors' Contribution)
Amendment Bill 2001
s. 2
2. Commencement
This Act comes into operation on the day on which it receives
the Royal Assent.
3. The Act amended
5 The amendments in this Act are to the Law Reform
(Contributory Negligence and Tortfeasors' Contribution) Act
1947*.
[* Reprinted as authorised 23 May 1979.]
4. Section 3A inserted
10 Before section 4 and after the heading "Contributory
Negligence -- Amendment of the Law" the following section is
inserted --
"
3A. References to claims founded on negligence
15 In sections 4 and 6 --
(a) a reference to a claim or action founded on or
resulting from negligence includes a reference
to a claim or action founded on or resulting
from a breach of a contractual duty of care that
20 is concurrent with and coextensive with a duty
of care in tort; and
(b) references to negligence have a corresponding
meaning so far as they relate to a defendant.
".
25 5. Transitional provision
(1) Subject to subsection (2), the amendment made by section 4 of
the Law Reform (Contributory Negligence and Tortfeasors'
Contribution) Amendment Act 2001 applies to acts or omissions
that occurred before the commencement of that provision as if
30 the amendment had been in force when the act or omission
occurred.
page 2
Law Reform (Contributory Negligence and Tortfeasors' Contribution)
Amendment Bill 2001
s. 5
(2) The provisions of the Law Reform (Contributory Negligence
and Tortfeasors' Contribution) Act 1947, as in force before the
commencement of the Law Reform (Contributory Negligence
and Tortfeasors' Contribution) Amendment Act 2001, apply to
5 an act or omission about which --
(a) a court proceeding was started before that
commencement in respect of which a judgment has not
been given or a decision has not been made (including a
judgment or decision about liability only) before that
10 commencement;
(b) a court, before that commencement, has given judgment
or made a decision (including a judgment or decision
about liability only), whether or not an appeal has been
made against that judgment or decision before that
15 commencement or is made on or after that
commencement; or
(c) the persons concerned have, before that commencement,
entered into an agreement to settle claims arising from
the act or omission (including an agreement about
20 liability only).
page 3
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