Stephen Warne on professional negligence, regulation and discipline around the world

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Entries Tagged as 'Proportionate Liability'

A defendant seeking in Victoria to join a concurrent wrongdoer need not establish a prima facie case by evidence

July 7th, 2016 · No Comments

Here is a link to a presentation by Ross Macaw QC on proportionate liability.  It is produced by benchTV, an enhancement to the long-excellent new case notification service, Benchmark, provided by AR Connoly & Co in Sydney.  Mr Macaw considers Justice John Dixon’s beautifully written judgment in Fabfloor (Vic) Pty Ltd v BNY Trust Company of […]

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Tags: "professional negligence" · defences · Negligence · Proportionate Liability

Victorian proportionate liability scheme: transitional provisions

March 29th, 2010 · No Comments

In Taylor v Gosling [2010] VSC 75, Justice Hargreave of the Supreme Court of Victoria has decided that whether the proportionate liability regime applies to a proceeding depends on whether the writ was issued before or after the end of 2003, even if some of the concurrent wrongdoer defendants were joined to the proceedings before […]

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Tags: Proportionate Liability

Proportionate liability and arbitrations

March 23rd, 2010 · No Comments

A Clayton Utz ‘Project Insight’ is worth a look.  It considers whether the proportionate liability schemes around the country have operation in arbitrations. The answer, according to Tasmania’s Supreme Court in Aquagenics Pty Ltd v Break O’Day Council (No 2) [2009] TASSC 89 is — Yes. The reason is that there is an implied term […]

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Tags: Proportionate Liability

Weird contribution claims

May 11th, 2009 · No Comments

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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Tags: Proportionate Liability

Proportionate liability in an accountants’ negligence case

March 4th, 2009 · No Comments

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 […]

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Tags: Negligence · Proportionate Liability

Latest proportionate liability decision

November 19th, 2007 · No Comments

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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Tags: Proportionate Liability

2nd edition of Professional Liability in Australia reviewed

October 18th, 2007 · No Comments

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 the first […]

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Tags: Advocates' Immunity · Barristers' immunity · Book reviews · Causation · conflicts · defences · Discipline · doctors · duties of confidentiality · Duties to third parties · Ethics · Fair Trading Act · Fiduciary duties · Forensic immunity · Legal Profession Act · legal professional privilege · Legal writing · Limitations of actions · Misconduct · Negligence · Professional regulation · Proportionate Liability · Retainers · Striking off · two bites at the cherry · Uncategorized · Wasted costs

Federal Court Dishes Out Some Serious Proportionate Liability Interpretation

August 21st, 2007 · No Comments

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 right […]

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Tags: defences · Negligence · Proportionate Liability

Justice Hollingworth unpicks the proportionate liability provisions

August 20th, 2007 · No Comments

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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Tags: defences · Negligence · Proportionate Liability

Here’s a copy of the Vic Wrongs Act 1958’s proportionate liability provisions

June 24th, 2007 · No Comments

PART IVAA PROPORTIONATE LIABILITY

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Tags: defences · Negligence · Proportionate Liability