Queensland Consolidated Acts

CIVIL LIABILITY ACT 2003 - SECT 28

28 Application of pt 2

(1) This part applies to either or both of the following claims (
"apportionable claim" )—

(a) a claim for economic loss or damage to property in an action for damages arising from a breach of a duty of care;

(b) a claim for economic loss or damage to property in an action for damages under the Fair Trading Act 1989 for a contravention of the Australian Consumer Law (Queensland), section 18 .

(2) For this part, if more than 1 claim of a kind mentioned in subsection (1) (a) or (1) (b) or both provisions is based on the same loss or damage, the claims must be treated as a single apportionable claim.

(3) This part does not apply to a claim—

(a) arising out of personal injury; or

(b) by a consumer.

(4) Also, this part does not apply to a claim to the extent that an Act provides that liability for an amount payable in relation to the claim is joint and several.

(5) A provision of this part that gives protection from civil liability does not limit or otherwise affect any protection from liability given by any other provision of this Act or by another Act or law.