I have a nascent theory that the introduction of proportionate liability has made people think more about shifting blame, and doing so in more creative ways.  Personal injury claims are not apportionable, though.  The old law of contribution governs personal injury cases. In Tweed Shire Council v Howarth [2009] NSWCA 103, a little girl sued [...]

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Update, 4 May 2009: The costs decision (Sali v Metzke & Allen (No. 2) [2009]) is interesting.  I blogged about it here.
Original post: Sali v Metzke & Allen [2009] VSC 48 is a decision of Justice Whelan in an accountants’ negligence case.  It is an example of the proportionate liability scheme working as it was [...]

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Here’s the latest proportionate liability case, from the Supreme Court of Victoria’s Justice Hargreaves: Atkins v Interprac Financial Planning Pty Ltd [2007] VSC 445, decided just today.

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I was already a fan of the first edition of Judge Stephen Walmsley SC, Alister Abadee, and Ben Zipser’s excellent Professional Liability in Australia, published by Thomson, and had been waiting for the new edition with interest. I got myself a copy the other day. It’s good, and there are substantial additions since [...]

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Melbourne’s Justice Middleton has dished out some serious interpretation of the Victorian and federal proportionate liability regimes and, what’s even more useful, their interrelationship, in Dartberg Pty Ltd v Wealthcare Financial Planning Pty Ltd [2007] FCA 1216, a decision at an early stage of the proceedings. It is a classy judgment in a matter [...]

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In Woods v De Gabriele [2007] VSC 177, Justice Hollingworth has tentatively unpicked some difficult parts of the federal and Victorian proportionate liability provisions in Part IVAA of the Wrongs Act, 1958 (the relevant provisions are here), and in the Corporations Act, 2001 (Cth) and Australian Securities and Investments Act, 2001 (Cth) Division 2, Subdivision [...]

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PART IVAA PROPORTIONATE LIABILITY

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