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CIVIL LAW (WRONGS) ACT 2002 - SECT 107B

Application of ch 7A—apportionable claims

    (1)     This chapter applies to apportionable claims.

    (2)     An "apportionable claim" is—

        (a)     a claim for economic loss or damage to property in an action for damages (whether in tort, under contract or otherwise) arising from a failure to take reasonable care; or

        (b)     a claim for economic loss or damage to property in an action for damages under the Australian Consumer Law (ACT)

, section 236 for a contravention of that law, part 3.1 (Unfair practices).

    (3)     However, none of the following is an apportionable claim :

        (a)     a claim arising out of personal injury;

        (b)     a consumer claim;

        (c)     a claim prescribed by regulation for this paragraph.

    (4)     Also, without limiting subsection (3), none of the following is an apportionable claim :

        (a)     a claim under the Discrimination Act 1991

;

        (b)     a claim to which the Motor Accident Injuries Act 2019

, chapter 5 (Motor accident injuries—common law damages) applies;

        (c)     a claim under the Workers Compensation Act 1951

.

    (5)     A regulation made for subsection (3) (c) may make provision in relation to their application to claims arising from acts or omissions that happened before the regulation was notified.

    (6)     For this chapter, there is a single apportionable claim in a proceeding in relation to the same loss or damage even if the claim for the loss or damage is based on more than 1 cause of action (whether or not of the same or a different kind).



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