Victorian Current Acts

SUPREME COURT ACT 1986 - SECT 45

    (1)     If, owing to the fault of two or more vessels, damage or loss is caused to—

        (a)     one or more vessels; or

        (b)     their cargoes or freight; or

        (c)     any property on board them—

the liability to make good the damage or loss is, subject to subsection (2), in proportion to the degree to which each vessel was at fault.

    (2)     The liability must be apportioned equally if, having regard to all the circumstances of the case, it is not possible to establish different degrees of fault.

    (3)     Nothing in this section—

        (a)     makes a vessel liable for any loss or damage not contributed to by the fault of the vessel; or

        (b)     affects the liability of any person under a contract of carriage or any other contract; or

        (c)     imposes any liability on a person from which that person is exempted by any contract or law; or

        (d)     affects the right of any person to limit that person's liability in any lawful manner.

    (4)     For the purposes of this section—

            (a)     "freight" includes passage money and hire; and

        (b)     references to damage or loss caused by the fault of a vessel are to be construed as including reference to any salvage or other expenses that are consequent on that fault and recoverable at law by way of damages.

No. 6387 s. 65.