Key Points:
Plaintiffs can now avoid the operation of the
proportionate liability regime by also pleading and providing
non-apportionable claims.
In May, the High Court's decision in Selig v Wealthsure [2015]
HCA 18 clarified the reach of the proportionate liability
regime.
In this follow-up we highlight some of the practical issues that
clients should consider in the wake of that decision, including the
potential applicability of the proportionate liability regime and
its impact upon pleading claims, managing disputes, contractual
risk allocation and insurance.
How far does the decision in Selig reach?
The decision in Selig focused upon the proportionate liability
regime in Part 7.10 of the Corporations Act, which is concerned
with misleading and deceptive conduct in relation to a financial
product or financial service. The High Court said that if a
plaintiff pleads (and proves) one or more "apportionable
claims" as defined in the regime (ie. for
