Law Reform (Contributory Negligence and Tortfeasors' Contribution) Amendment Act 2003 (WA)

Western Australia

Law Reform (Contributory Negligence and Tortfeasors’ Contribution) Amendment Act

2003

Western Australia

Law Reform (Contributory Negligence and Tortfeasors’ Contribution) Amendment Act

2003

CONTENTS

1.	Short title	1
2.	Commencement	2
3.	The Act amended	2
4.	Section 3A inserted	2

3A.	References to claims founded on
negligence 2

5. Transitional provision 2

Western Australia

Law Reform (Contributory Negligence

and Tortfeasors’ Contribution)

Amendment Act 2003

No. 17 of 2003

An Act to amend the Law Reform (Contributory Negligence and

Tortfeasors’ Contribution) Act 1947, and for related purposes.

[Assented to 17 April 2003]

The Parliament of Western Australia enacts as follows:

1.             Short title

This Act may be cited as the Law Reform (Contributory Negligence and Tortfeasors’ Contribution) Amendment Act 2003.

Law Reform (Contributory Negligence and Tortfeasors’ Contribution)

Amendment Act 2003

s. 2

2.             Commencement

This Act comes into operation on the day on which it receives

the Royal Assent.

3.             The Act amended

The amendments in this Act are to the Law Reform

(Contributory Negligence and Tortfeasors’ Contribution) Act

1947*.

[* Reprinted as authorised 23 May 1979.]

4.             Section 3A inserted

Before section 4 and after the heading “Contributory

Negligence — Amendment of the Law” the following section is

inserted —

“

3A.	References to claims founded on negligence
In sections 4 and 6 —

(a) a reference to a claim or action founded on or resulting from negligence includes a reference to a claim or action founded on or resulting

from a breach of a contractual duty of care that is concurrent with and coextensive with a duty of care in tort; and

(b) references to negligence have a corresponding meaning so far as they relate to a defendant.

”.

5.             Transitional provision

(1)

Subject to subsection (2), the amendment made by section 4 of

the Law Reform (Contributory Negligence and Tortfeasors’

Contribution) Amendment Act 2003 applies to acts or omissions

that occurred before the commencement of that provision as if

the amendment had been in force when the act or omission

occurred.

Law Reform (Contributory Negligence and Tortfeasors’ Contribution)

Amendment Act 2003

s. 5

(2)

The provisions of the Law Reform (Contributory Negligence

and Tortfeasors’ Contribution) Act 1947, as in force before the

commencement of the Law Reform (Contributory Negligence

and Tortfeasors’ Contribution) Amendment Act 2003, apply to

an act or omission about which —

(a)	a court proceeding was started before that commencement in respect of which a judgment has not been given or a decision has not been made (including a judgment or decision about liability only) before that commencement;
(b)	a court, before that commencement, has given judgment or made a decision (including a judgment or decision about liability only), whether or not an appeal has been made against that judgment or decision before that commencement or is made on or after that commencement; or
(c)	the persons concerned have, before that commencement, entered into an agreement to settle claims arising from the act or omission (including an agreement about liability only).