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ARTICLE · 24 NOVEMBER 2004

Proportionate Liability - Will Project Owners Be Left Footing The Bill?

Although all States support a nationally consistent model for proportionate liability, a more co-ordinated effort is required if a uniform frame-work is to be put into place. Recent and proposed changes to the law relating to the apportionment of liability mean that, where there are a number of concurrent wrongdoers, plaintiffs will no longer be able to recover all their damages from one wrongdoer.

AustraliaCorporate/Commercial Law

Originally published 17 November 2004

Key Point

  • Although all States support a nationally consistent model for proportionate liability, a more co-ordinated effort is required if a uniform frame-work is to be put into place.

Recent and proposed changes to the law relating to the apportionment of liability mean that, where there are a number of concurrent wrongdoers, plaintiffs will no longer be able to recover all their damages from one wrongdoer. Rather, plaintiffs will only be able to recover from each wrongdoer the damage for which that wrongdoer was responsible. These changes will mean that project participants in large infrastructure projects may not be liable for the mistakes of their counterparts, and without careful management, project owners could be left footing the bill.

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