The year that has been: Proportionate liability in 2013 - key cases and proposed reform

Proportionate liability as a defence to property damage and pure economic loss claims continues to be a complex area with high stakes for defendants and the insurance industry. This article takes a look at key developments in 2013 including the push for legislative reform of the area.

High Court's clarification of concurrent wrongdoers

In April 2013, the High Court handed down its decision in Hunt & Hunt Lawyers v Mitchell Morgan Nominees Pty Ltd (2013) 247 CLR 613. At issue was whether solicitors Hunt & Hunt who drafted an ineffective mortgage for Mitchell Morgan caused the same loss or damage as fraudsters who conspired to induce Mitchell Morgan to lend.