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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia Law Reform (Contributory Negligence and Tortfeasors' Contribution) Amendment Bill 2001 CONTENTS 1. Short title 1 2. Commencement 2 3. The Act amended 2 4. Section 3A inserted 2 5. Transitional provision 2 page i 74--2 Western Australia LEGISLATIVE ASSEMBLY (As amended during consideration in detail) Law Reform (Contributory Negligence and Tortfeasors' Contribution) Amendment Bill 2001 A Bill for An Act to amend the Law Reform (Contributory Negligence and Tortfeasors' Contribution) Act 1947, and for related purposes. The Parliament of Western Australia enacts as follows: 1. Short title This Act may be cited as the Law Reform (Contributory Negligence and Tortfeasors' Contribution) Amendment Act 2001. page 1 Law Reform (Contributory Negligence and Tortfeasors' Contribution) Amendment Bill 2001 s. 2 2. Commencement This Act comes into operation on the day on which it receives the Royal Assent. 3. The Act amended 5 The amendments in this Act are to the Law Reform (Contributory Negligence and Tortfeasors' Contribution) Act 1947*. [* Reprinted as authorised 23 May 1979.] 4. Section 3A inserted 10 Before section 4 and after the heading "Contributory Negligence -- Amendment of the Law" the following section is inserted -- " 3A. References to claims founded on negligence 15 In sections 4 and 6 -- (a) a reference to a claim or action founded on or resulting from negligence includes a reference to a claim or action founded on or resulting from a breach of a contractual duty of care that 20 is concurrent with and coextensive with a duty of care in tort; and (b) references to negligence have a corresponding meaning so far as they relate to a defendant. ". 25 5. Transitional provision (1) Subject to subsection (2), the amendment made by section 4 of the Law Reform (Contributory Negligence and Tortfeasors' Contribution) Amendment Act 2001 applies to acts or omissions that occurred before the commencement of that provision as if 30 the amendment had been in force when the act or omission occurred. page 2 Law Reform (Contributory Negligence and Tortfeasors' Contribution) Amendment Bill 2001 s. 5 (2) The provisions of the Law Reform (Contributory Negligence and Tortfeasors' Contribution) Act 1947, as in force before the commencement of the Law Reform (Contributory Negligence and Tortfeasors' Contribution) Amendment Act 2001, apply to 5 an act or omission about which -- (a) a court proceeding was started before that commencement in respect of which a judgment has not been given or a decision has not been made (including a judgment or decision about liability only) before that 10 commencement; (b) a court, before that commencement, has given judgment or made a decision (including a judgment or decision about liability only), whether or not an appeal has been made against that judgment or decision before that 15 commencement or is made on or after that commencement; or (c) the persons concerned have, before that commencement, entered into an agreement to settle claims arising from the act or omission (including an agreement about 20 liability only).
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