Corporations Act 2001

CHAPTER 7 - FINANCIAL SERVICES AND MARKETS  

Note: This Chapter applies to a CCIV in a modified form: see Division 4 of Part 8B.7 .

PART 7.10 - MARKET MISCONDUCT AND OTHER PROHIBITED CONDUCT RELATING TO FINANCIAL PRODUCTS AND FINANCIAL SERVICES  

Division 2A - Proportionate liability for misleading and deceptive conduct  

SECTION 1041N   PROPORTIONATE LIABILITY FOR APPORTIONABLE CLAIMS  

1041N(1)   [ Proportionate liability]  

In any proceedings involving an apportionable claim:


(a) the liability of a defendant who is a concurrent wrongdoer in relation to that claim is limited to an amount reflecting that proportion of the damage or loss claimed that the court considers just having regard to the extent of the defendant's responsibility for the damage or loss; and


(b) the court may give judgment against the defendant for not more than that amount.

1041N(2)   [ Multiple claims]  

If the proceedings involve both an apportionable claim and a claim that is not an apportionable claim:


(a) liability for the apportionable claim is to be determined in accordance with the provisions of this Division; and


(b) liability for the other claim is to be determined in accordance with the legal rules, if any, that (apart from this Division) are relevant.

1041N(3)   [ Contributory negligence]  

In apportioning responsibility between defendants in the proceedings:


(a) the court is to exclude that proportion of the damage or loss in relation to which the plaintiff is contributorily negligent under any relevant law; and


(b) the court may have regard to the comparative responsibility of any concurrent wrongdoer who is not a party to the proceedings.

1041N(4)   [ Application]  

This section applies in proceedings involving an apportionable claim whether or not all concurrent wrongdoers are parties to the proceedings.

1041N(5)   [ Defendant in proceedings]  

A reference in this Division to a defendant in proceedings includes any person joined as a defendant or other party in the proceedings (except as a plaintiff) whether joined under this Division, under rules of court or otherwise.


 

Disclaimer and notice of copyright applicable to materials provided by CCH Australia Limited

CCH Australia Limited ("CCH") believes that all information which it has provided in this site is accurate and reliable, but gives no warranty of accuracy or reliability of such information to the reader or any third party. The information provided by CCH is not legal or professional advice. To the extent permitted by law, no responsibility for damages or loss arising in any way out of or in connection with or incidental to any errors or omissions in any information provided is accepted by CCH or by persons involved in the preparation and provision of the information, whether arising from negligence or otherwise, from the use of or results obtained from information supplied by CCH.

The information provided by CCH includes history notes and other value-added features which are subject to CCH copyright. No CCH material may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may download one copy for your personal use only, provided you keep intact all copyright and other proprietary notices. In particular, the reproduction of any part of the information for sale or incorporation in any product intended for sale is prohibited without CCH's prior consent.