Queensland Consolidated Acts

CIVIL LIABILITY ACT 2003 - SECT 32

32 Onus of parties to identify all relevant parties

(1) A person (
"claimant" ) who makes a claim to which this part applies is to make the claim against all persons the claimant has reasonable grounds to believe may be liable for the loss or damage.

(2) A concurrent wrongdoer, in relation to a claim involving an apportionable claim, must give the claimant any information that the concurrent wrongdoer has—

(a) that is likely to help the claimant to identify and locate any other person (not being a concurrent wrongdoer known to the claimant) who the concurrent wrongdoer has reasonable grounds to believe is also a concurrent wrongdoer in relation to the claim; and

(b) about the circumstances that make the concurrent wrongdoer believe the other person is or may be a concurrent wrongdoer in relation to the claim.

(3) The concurrent wrongdoer must give the information to the claimant, in writing, as soon as practicable after becoming aware of the claim being made or of the information, whichever is the later.

(4) If the claimant fails to comply with the claimant’s obligations under this section, a court may, on a concurrent wrongdoer’s application, make orders as it considers just and equitable in the circumstances of the case on the following—

(a) apportionment of damages proven to have been claimable;

(b) costs thrown away as a result of the failure to comply.

(5) If a concurrent wrongdoer fails to comply with the concurrent wrongdoer’s obligations under this section, a court may on application, if it considers it just and equitable to do so, make either or both of the following orders—

(a) an order that the concurrent wrongdoer is severally liable for any award of damages made;

(b) an order that the concurrent wrongdoer pay costs thrown away as a result of the failure to comply.

(6) However if, as a result of information given by a concurrent wrongdoer under subsection (2) , the claimant joins another party to the proceeding for the claim, and that party is found not to be liable to the claimant, the court may make orders about costs as it considers just and equitable in the circumstances of the case.