Proportionate Liability Act 2005 (NT)

Legislation au Northern Territory Legislation - Acts (NTLegAct) N O R T H E R N T E R R I T O R Y L E G I S L A T I O N

Legislation content

NORTHERN TERRITORY OF AUSTRALIA

PROPORTIONATE LIABILITY ACT 2005

As in force at 1 January 2011

Table of provisions [if supportFields]><span style='mso-element:field-begin'></span><span style='mso-spacerun:yes'>&#160;</span>TOC \o &#34;1-9&#34; <span style='mso-element: field-separator'></span><![endif] — Preliminary matters1 — Short title2 — Commencement3 — Definitions4 — Apportionable claims to which Act applies5 — Act binds CrownPart 2 — Proportionate liabilityDivision 1 — Preliminary matters6 — Concurrent wrongdoers7 — No apportionment for loss caused intentionally or fraudulentlyDivision 2 — General provisions for proceedings8 — Determination as single claim if more than one cause of action9 — Determination of apportionable claim and other claim10 — No need for all concurrent wrongdoers to be parties11 — Joining concurrent wrongdoers as defendants12 — Costs order if failure to inform of concurrent wrongdoerDivision 3 — Determination of liability in apportionable claims13 — Determination of liability of concurrent wrongdoers14 — Other liability not affectedDivision 4 — After judgment given in proceedings15 — Concurrent wrongdoers not required to contribute or indemnify16 — Subsequent actionsPart 3 — Miscellaneous matters17 — RegulationsPart 4 — Repeal and transitional matters for Proportionate Liability Act 200518 — Repeal of apportionable liability provisions of 19 — Transitional mattersENDNOTES NORTHERN TERRITORY OF AUSTRALIA

NORTHERN TERRITORY OF AUSTRALIA

As in force at 1 January 2011

PROPORTIONATE LIABILITY ACT 2005

An Act to replace the common law rule that imposes joint and several liability for economic loss or damage to property caused by concurrent wrongdoers with rules that limit the liability of each concurrent wrongdoer to reflect the extent of the wrongdoer's responsibility for the loss or damage, and for related purposes

Part 1Preliminary matters 1Short title

This Act may be cited as the Proportionate Liability Act 2005.

2Commencement

This Act comes into operation on the date fixed by the Administrator by notice in the Gazette.

3Definitions

In this Act, unless the contrary intention appears:

apportionable claim means an apportionable claim to which this Act applies by virtue of section 4.

concurrent wrongdoer has the meaning in section 6(1).

court means the court, tribunal or other statutory body determining a proceeding.

damages includes any form of monetary compensation for loss or damage.

defendant includes any person joined as a defendant in a proceeding, whether joined under this Act or otherwise.

economic loss does not include economic loss resulting from a personal injury.

loss or damage means economic loss or damage to property.

proceeding means a proceeding involving an apportionable claim.

4Apportionable claims to which Act applies
  • (1)

    This Act applies in relation to an apportionable claim if the loss or damage that is the subject of the claim occurs wholly or partly after the commencement of this Act.

  • (2)

    An apportionable claim is:

    • (a)

      a claim for damages (whether in tort, in contract, under a statute or otherwise) arising from a failure to take reasonable care; or

    • (b)

      a claim in…

Continue reading Proportionate Liability Act 2005 (NT)

Sign in free to access the full text

Citations

Interactions

Authorises

All Versions

Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.