Victorian Current Acts

WRONGS ACT 1958 - SECT 24AI

    (1)     In any proceeding 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 loss or damage claimed that the court considers just having regard to the extent of the defendant's responsibility for the loss or damage; and

        (b)     judgment must not be given against the defendant for more than that amount in relation to that claim.

    (2)     If the proceeding involves 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 this Part; and

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

    (3)     In apportioning responsibility between defendants in the proceeding the court must not have regard to the comparative responsibility of any person who is not a party to the proceeding unless the person is not a party to the proceeding because the person is dead or, if the person is a corporation, the corporation has been wound-up.

S. 24AJ inserted by No. 60/2003 s. 3.