Joint/Several And Proportionate

Question 0

Thompson v AC Television

Answer 0

Law reform act means that no longer one cause of action… So can occur later

Question 1

Law Reform (misc Prov) s 5(1) a,b,c

Answer 1

Claim against 1 no bar against another, but aggregate <= 100%

C) tort feast can get contribution from liable or would be liable

Awarded equitable amount - s5 (2)

Question 2

Unsworth

Answer 2

If liability stat or contract capped, that’s max contribution

Question 3

Insurance Contracts Act s66

Answer 3

Insurer does not have subrugation right, except where serious and wilful misconduct

Question 4

Employees Liability Act ss 3 - 6

Answer 4

No right of contribution or indemnity of employee unless serious or wilful, but employee can have indemnity to employer!

Question 5

New South Wales v Eade

Answer 5

Wilful conduct

Deliberate, serious, knowledge

Question 6

CLA Part 4 & Comp and Consumer Act Part 6A

Answer 6

Prop liability

Prop dam and economic loss
From failure to take reasonable care
Not from intentional torts
Note: you can contract out of proportionate liability

Question 7

Reinhold (No 2)

Answer 7

Extended to strict liability that followed from failure to take reasonable care! Now more people pleading negligence as can proportion!

Question 8

Hunt & Hunt v Mitchell Morgan Nominees

Answer 8

Prop liability can still apply when one party note available for it. Just means other party reduced