The High Court talks sense about proportionate liability

Key Points:

The High Court's decision in the Hunt & Hunt case will mean a court is more likely to find that defendants are concurrent wrongdoers.

One of the original aims of the proportionate liability regime was to ensure that deep pocket defendants (including insurance companies) are not held entirely liable for loss to which others' conduct contributed. However, in recent years we have seen a number of cases where the courts have interpreted the relevant legislation in a way which ensured maximum recovery to plaintiffs (and arguably failed to achieve the original aims of the regime).

The majority's decision in the recent High Court case of Hunt & Hunt Lawyers v Mitchell Morgan Nominees Pty Ltd [2013] HCA 10 is a refreshing look at proportionate liability.