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LAW REFORM (CONTRIBUTORY NEGLIGENCE AND TORTFEASORS' CONTRIBUTION) ACT 1947 - NOTES

Notes

1 This is a compilation of the Law Reform (Contributory Negligence and Tortfeasors’ Contribution) Act 1947 and includes the amendments made by the other written laws referred to in the following table. The table also contains information about any reprint.

Compilation table

Short title

Number and year

Assent

Commencement

Law Reform (Contributory Negligence and Tortfeasors’ Contribution) Act 1947

23 of 1947

7 Nov 1947

7 Nov 1947

Reprint of the Law Reform (Contributory Negligence and Tortfeasors’ Contribution) Act 1947 authorised 23 May 1979

Reprint of the Law Reform (Contributory Negligence and Tortfeasors’ Contribution) Act 1947 as at 2 Aug 2002

Law Reform (Contributory Negligence and Tortfeasors’ Contribution) Amendment Act 2003 4

17 of 2003

17 Apr 2003

17 Apr 2003 (see s. 2)

Civil Liability Amendment Act 2003 s. 14

58 of 2003

30 Oct 2003

1 Dec 2004 (see s. 2 and Gazette 26 Nov 2004 p. 5309)

Workers’ Compensation Reform Act 2004 s. 175

42 of 2004

9 Nov 2004

4 Jan 2005 (see s. 2 and Gazette 31 Dec 2004 p. 7131)

2 The Imperial Act 9 & 10 Vict. c. 93 (1846) was adopted by the Imperial Acts Adopting Ordinance 1849 (12 Vict. No. 21) and amended by Act No. 37 of 1900. It was repealed in so far as it was part of the law of W.A. by the Fatal Accidents Act 1959 s. 2.

3 Footnote no longer applicable.

4 The Law Reform (Contributory Negligence and Tortfeasors’ Contribution) Amendment Act 2003 s. 5 reads as follows:

“

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 2003 applies to acts or omissions that occurred before the commencement of that provision as if the amendment had been in force when the act or omission occurred.

(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 2003, apply to 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 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 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 liability only).

”.