Queensland Consolidated Acts

CIVIL LIABILITY ACT 2003 - SECT 31

31 Proportionate liability for apportionable claims

(1) In any proceeding involving an apportionable claim—

(a) the liability of a defendant who is a concurrent wrongdoer in relation to the claim is limited to an amount reflecting that proportion of the loss or damage claimed that the court considers just and equitable having regard to the extent of the defendant’s responsibility for the loss or damage; and

(b) judgment must not be given against the defendant for more than that amount in relation to the claim.

(2) If the proceeding involves both an apportionable claim and a claim that is not an apportionable claim—

(a) liability for the apportionable claim, to the extent it involves concurrent wrongdoers, is to be decided in accordance with this part; and

(b) liability for the other claim, and the apportionable claim to the extent it is not provided for under paragraph (a) , is to be decided in accordance with the legal rules, if any, that, apart from this part, are relevant.

(3) In apportioning responsibility between defendants in a proceeding the court may have regard to the comparative responsibility of any concurrent wrongdoer who is not a party to the proceeding.

(4) This section applies to a proceeding in relation to an apportionable claim whether or not all concurrent wrongdoers are parties to the proceeding.