Untitled document

Wrongs (Amendment) Act 2000

Act No. 75/2000

TABLE OF PROVISIONS

Section Page

1.	Purpose	1
2.	Commencement	1
3.	Principal Act	2
4.	Definitions	2
5.	Apportionment principle applicable to claims in contract	2
6.	Consequential amendments	3
7.	New section 27 inserted	4

27. Supreme Court—limitation of jurisdiction 4

8.	New section 28AA inserted	4
28AA. Transitional provision	4

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ENDNOTES 6

i

Victoria

No. 75 of 2000

Wrongs (Amendment) Act 2000†

[Assented to 21 November 2000]

The Parliament of Victoria enacts as follows:

1. Purpose

The purpose of this Act is to amend the Wrongs damages in claims arising from breach of contract.

2. Commencement

This Act comes into operation on the day on which it receives the Royal Assent.

Wrongs (Amendment) Act 2000

s. 3	Act No. 75/2000
See:	3. Principal Act
Act No.

6420 In this Act, the Wrongs Act 1958 is called the

Reprint No. 7
as at	Principal Act.
19 November
1998
Law Today: dpc.vic.
gov.au

4. Definitions

In section 25 of the Principal Act, for the
definition of "fault" substitute—

' "wrong" means an act or omission that—

(a)	gives rise to a liability in tort in respect of which a defence of contributory negligence is available at common law; or
(b)	amounts to a breach of a contractual duty of care that is concurrent and co-extensive with a duty of care in tort.'.

5.  Apportionment principle applicable to claims in contract

In section 26 of the Principal Act, for sub-section
(1) substitute—

"(1) If a person (the claimant) suffers damage as

the result partly of the claimant's failure to
take reasonable care (contributory
negligence) and partly of the wrong of any

other person or persons—

(a) a claim in respect of the damage is not defeated by reason of the contributory negligence of the claimant; and

Wrongs (Amendment) Act 2000

Act No. 75/2000 s. 6

(b) the wrong must be reduced to such
extent as the court thinks just and
equitable having regard to the

the damages recoverable in respect of the damage.

(1A) Sub-section (1) does not operate to defeat

any defence arising under a contract.

(1B) If any contract or enactment providing for

the limitation of liability is applicable to the
claim, the amount of damages awarded to the
claimant by virtue of sub-section (1) is not to

exceed the maximum limit so applicable.

(1C) If a claim is brought in a court of limited

jurisdiction, the court may award damages
up to the limit of its jurisdiction even though
the amount of damages has first been

reduced under sub-section (1) or (1B).".

6. Consequential amendments

(1) In section 26(2) of the Principal Act—

(a)	for "the last preceding sub-section" substitute "sub-section (1)";
(b)	for "paragraphs (b) and (c) of the proviso to the last preceding sub-section" substitute "sub-sections (1B) and (1C)";
(c)	for "at fault" substitute "guilty of contributory negligence".

(2) In section 26(4) of the Principal Act—

(a)	for "his own fault and partly of the fault" substitute "his or her failure to take reasonable care (contributory negligence) and partly of the wrong";
(b)	for "fault" (where thirdly occurring) substitute "contributory negligence".

Wrongs (Amendment) Act 2000

s. 7 Act No. 75/2000

(3) In section 26(5) of the Principal Act, for "at fault"

substitute "responsible for the damage".

(4) In section 26(6) of the Principal Act, for "at fault"

substitute "guilty of contributory negligence".

7. New section 27 inserted

After section 26 of the Principal Act insert—
"27. Supreme Court—limitation of jurisdiction

It is the intention of section 26, as amended by the Wrongs (Amendment) Act 2000, to alter or vary section 85 of the Constitution Act 1975.".

8. New section 28AA inserted

In Part V of the Principal Act, after section 28 insert—

"28AA. Transitional provision

(1) Subject to sub-section (2), the amendments

to this Part made by sections 4, 5 and 6 of
the Wrongs (Amendment) Act 2000 must
be taken to apply to wrongs that occurred
before the commencement of that Act as if
those amendments had been in force when
the wrong occurred.

(2) This Part, as in force before the
commencement of the Wrongs
(Amendment) Act 2000, continues to apply

to a wrong about which—

(a) given judgment or made a decision
(including a judgment or decision about
liability only), whether or not an appeal

a court has, before that commencement, decision before that commencement or is made on or after that commencement; or

Wrongs (Amendment) Act 2000

Act No. 75/2000 s. 8

(b) have, before that commencement,
entered into an agreement to settle
claims arising from the wrong

the persons responsible for the damage only).".

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Wrongs (Amendment) Act 2000

Endnotes Act No. 75/2000

ENDNOTES

†

Minister's second reading speech—

Legislative Assembly: 5 October 2000

Legislative Council: 26 October 2000

The long title for the Bill for this Act was "to amend the Wrongs Act
1958 with respect to the apportionment of damages in claims arising from

breach of contract and for other purposes."

Constitution Act 1975:

Section 85(5) statement:

Legislative Assembly: 5 October 2000

Legislative Council: 26 October 2000

Absolute majorities:

Legislative Assembly: 26 October 2000

Legislative Council: 15 November 2000