ARTICLE · 18 DECEMBER 2008

Just When You Thought You Had Worked Out How To Deal With Proportionate Liability…

Clayton Utz

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Proportionate liability legislation, which was introduced across Australia in 2004 and 2005, is currently the subject of national review and imminent reform. The legislation is different in each jurisdiction, and its drafting has created many uncertainties as to how it works.

AustraliaStrategy

Owen Hayford (Formerly With Clayton Utz)

Vanessa McBride

Andrew Stephenson

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Key Points

Model uniform proportionate liability legislation is being considered by the States and Territories.
The proposed uniform legislation will resolve some existing problems. However, the right to contract out which exists in some jurisdictions may be abolished.

Proportionate liability legislation, which was introduced across Australia in 2004 and 2005, is currently the subject of national review and imminent reform. The legislation is different in each jurisdiction, and its drafting has created many uncertainties as to how it works.

Two influential reports commissioned by the National Justice CEOs Group make bold recommendations to clarify these uncertainties and institute a uniform national model for the legislation:

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