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Consultation Draft Model Proportionate Liability Provisions
The Standing Council on Law and Justice (SCLJ) is examining ways to achieve greater national consistency in proportionate liability legislation and is considering options in relation to the issue of “contracting out” of proportionate liability provisions.
The Commonwealth and all States and Territories have legislation providing for proportionate liability for damages for economic loss or property damage. The legislation does, however, differ and stakeholders have raised concerns with the operation of the provisions, including the potential for forum shopping, the potential for lengthy and costly litigation, and the clarity and effectiveness of certain provisions.
SCLJ previously approved the release of consultation draft model proportionate liability provisions, and a Regulation Impact Statement which included a number of specific questions. Comments on the model provisions or Regulation Impact Statement were due by 7 October 2011.
The draft model provisions and the Regulation Impact Statement do not necessarily represent the views of SCLJ, nor of any particular Attorney-General, jurisdiction or government department.
View the submissions on the consultation model provisions and Regulation Impact Statement published by SCLJ here:
Note: The below documents are in PDF format. These documents can be viewed using Adobe Reader.
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