The Commonwealth and all States and Territories have legislation providing for proportionate liability for damages for economic loss or property damage. The legislation does, however, differ and stakeholders have raised various concerns with the operation of the provisions, in particular the potential for forum shopping, significant potential for lengthy and costly litigation and concerns over the clarity and effectiveness of certain provisions.
The Standing Committee of Attorneys General (SCAG) is examining ways to achieve greater national consistency in proportionate liability legislation and is considering options for the issue of contracting out of proportionate liability provisions.
Two reports have been obtained to assist SCAG with its review of proportionate liability legislation:
Professor Jim Davis’s report ‘Proportionate Liability: Proposals to Achieve National Uniformity’
Davis Report ( PDF File 213KB)
Mr Tony Horan’s report ‘Proportionate Liability: Towards National Consistency’
Horan Report ( PDF File 1MB)
A SCAG officers working group has also prepared drafting instructions ( PDF File 104KB) for uniform proportionate liability provisions and circulated these drafting instructions for comment.
The drafting instructions do not necessarily represent the views of SCAG nor of any particular Attorney-General and do not indicate a preferred position on the issue of ‘contracting out’ of proportionate liability. The purpose of the drafting instructions is seek comments from stakeholders on the issues raised.
