Australian Capital Territory Current Acts

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CIVIL LAW (WRONGS) ACT 2002 - SECT 221

Abolition of torts of maintenance and champerty

    (1)     The torts of maintenance and champerty are abolished.

Note     For the abolition of the common law offences of maintenance, champerty and being a common barrator, see the Law Reform (Miscellaneous Provisions) Act 1955

(rep), s 68 and the Civil Law (Property) Act 2006

, s 507 (2) (rep, LA s 89 (3)).

    (2)     Subsection (1) does not affect any rule of law about—

        (a)     the illegality or avoidance of contracts that are tainted with maintenance or are champertous; or

        (b)     the misconduct of a lawyer who—

              (i)     engages in conduct that would have been maintenance at common law; or

              (ii)     is a party to a champertous agreement.



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