Proportionate liability: the courts weigh in

Following the Standing Committee of Attorneys-General's release of the Draft Model Proportionate Liability provisions in September 2011 (see our publication on the changes proposed by the Model Provisions, Are you paying your fair share?), there have been several judicial developments in the area.

Does the proportionate liability regime apply to consent judgments?

On 13 December 2012, the High Court handed down its decision in Newcrest Mining Limited v Michael Emery Thornton, examining whether the settlement of a claim against one "several concurrent tortfeasor"¹ by a consent judgment would limit a subsequent claim brought against another "several concurrent tortfeasor" under the Law Reform (Contributory Negligence and Tortfeasors' Contribution) Act 1947 (WA).