Australian Capital Territory Current Acts

CIVIL LAW (WRONGS) ACT 2002 - SECT 95

    (1)     Contributory negligence must be presumed if—

        (a)     the injured person was—

              (i)     at least 16 years old at the time of the accident; and

              (ii)     intoxicated at the time of the accident; and

        (b)     the defendant claims contributory negligence.

    (2)     The presumption can be rebutted only if the injured person establishes, on the balance of probabilities, that—

        (a)     the intoxication did not contribute to the accident; or

        (b)     the intoxication was not self-induced.

    (3)     If the presumption is not rebutted, the damages the injured person would be entitled to, apart from the contributory negligence, must be reduced to the extent that the court considers just and equitable having regard to the injured person's share in the responsibility for the injury.