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©State of Queensland

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QUEENSLAND

[Reprinted as at 1 Septemfber, 19831

aSOIS ntri ige

tek) iZ.

As amended by

.

s. 5 Sch. commenced 1 June 1968 (Proc. pubd. Gaz. 25 May 1968, p. 510).

Y

An Act to Amend the Law Relating to Proceedings against, and Contribution between, Tortfeasors, to Amend the Law Relating to Contributory Negligence, and to Amend the Law Relating to the Division of Chattels belonging to Persons Jointly or in Undivided Shares, and for purposes connected therewith

[ASSENTED TO 4 DECEMBER, 19.521 BE IT ENACTED by the Queen’s Mtost Excellent Majesty, by and with the advice and consent of the Legislative Assembly of Queensland

in Parliament assembled, and by the authority of the same, as follows:- PART I-PRELIMINARY

I.

.

This Act may be cited as “The Law Reform

( Tortfeasors Contribution, Contributory Negligence, and Division of Chattels) Act of 1952.”

2. _~ _o _~ _~_of Act. _~ _~This Act shall come into operation on _c _e _~ _~ _~ _t a date to be fixed by the Governor in Council by Proclamation published in the Gazette, which date is herein referred to as the Commencement of this Act.

Commenced 12 January 1953 ( h o c . pubd. Gaz. 10 January 1953, p. 223).

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2 ^Sf.3-5 THE L A W REFORM (TORTFEASORS, ETC.) A C T 1952.

3. This Act is divided into Parts, as follows:-

PART ~ - P R E L r ~ ~ N A R Y ;

PART II-PR~CE~D[N~S A G A ~ N S T , AND ~ O N T R I ~ ~ T I ~ N B E T W E E N ,

TORTFEASORS;

PART III-CONTRIBUTORY N E G L I G E N C E ;

PART XV-DIVISION OF CHATTELS.

tion. In this Act the following expressions shall have by respectively assigned to them, that is to say:-

‘ ~ ~ o u r t ” - ~ e ~ s , in relation to any claim, the Court o r arbitrator by o r before whom the claim falls to be determined;

“ ~ ~ a g e ” - I ~ c l u d e s loss of life and personal injury;

“~ependa~t”-Means any person for whose benefit an action

could be brought under section twelye of ‘ ‘ ~~~~#~ ~ ~ ~ Law Prucfice Arts, 1867 to 1940”;

“Fault”-Means negligence, breach of statutory duty, or other act ‘or omission which gives rise to a liability in tort or would, apart from this Act, give rise to the defence of contributory negligence.

PART ~ ~ - ~ R O ~ E E D I ~ G ~ AGAIN ST^ A N D C O N T R ~ B U T ~ O N BETWEEN,

~ ~ R T F E A S ~ R ~

any person as a rem tort (whether a crime m not)-

(a) Judgment recovered against any tortfeasor liable in respect of that damage shall not be a bar to an aotion against any other person who would, if sued, have been liable as a joint tortfeasor in respect ‘of the same damage;

( b ) If more than one action is brought in respect of that damage by or on behalf of the person by whom it was suffered, or for the b e n e ~ t of the estate, or of the wife, husband, parent, or child of that per so^, against tortfeasors liable in respect of the damage (whether as joint tortfeasors or otherwise) the sums recoverabl~ under the jud ents given in those actions by way of damages shall not in the a g ~ e g a t e exceed the amount of the damages awarded by the judgment first given; and in any of those actions, #other than that in whis;-h judgment is first given, the plaintiff shall not be entitled t o costs unless the Court is of opinion that there was reasonable ground for bringing the action;

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(6) Any tortfeasor liable in respect of that damage may recover contribution from any other tortfeasor who is, or would if sued have been, liable in respect of the same damage, whether as a joint tortfeasolr or otherwise, so, however, that no person shall be entitled to recover c o n t r i ~ * t i ~ n under this section from any person entitled to e indemnified by him in respect of the l i a ~ i l i t ~ in respect of w h i ~ h the c o n t r i ~ ~ t i o n is sought.

n any proceedings for contribution under this Fart of this Act the amount of the contribu~~on recoverable from any person shall be such as may be found by the Court to be just and equitable having regard to the

~ x t e n t of that person’s re§ponsibil~ty fop the damage; and the Co’urt shall have power to exempt any person from liability to make contribution, or to direct that the c o n t r i b u ~ ~ n to be recovered from any person shall amvunt to a complete indemnity.

Repealed by Act of 1968, No. 1.5, s. 5 Sch.

Section 5 Sch. of Act of 1968, No. I5 reads as follows:-

Section seven i s repealed but notwithstanding the repeal of that section the p r o ~ i s i o n ~ of the said section seven shall con ti^^^ to apply to and in relation to a claim for contribution where the act or o ~ i ~ s i o ~ giving rise to the claim occurred prior to the coming into operation of “The Law Reform (Husband and Wife) A c t of 1948” and for the purposes of such a claim for contribution and any IiabiIity arising out of such a claim the said section seven shall be deemed to remain in full force.

for t For the purposes of

expressiuns ~ ‘ p a ~ e ~ t ’ ’ and “child” shall have the same

nings as they have for the p ~ r ~ ~ s e s of “‘The C u ~ ~ ~ ~

this t-

Law Practice Acts, 1867 to 1940”; an ( b ) The reference in this Part of this Act

first given” shall, in a case where that judgment is reversed on appeal, be construed as a reference to the judgment first given which is not so reversed and, in a case where a j ~ d ~ e n t is varied on appeal, be construed as a refereme to that j*dgme~t as so varied.

ngs, Nothing in this Part of this

( a ) Apply with respect to any tart committed before the cornmencement of this Act; e r

( b ) ARect any criminal prosecution against any person in respect

of any w r act; ~or ~ ~ ~

( c ) Except as ~ r o v i d e ~ in section seven of this Act, render enforceable any agreement for i~demnity which ~ u u l d not have been enforceable if this Act had not been passe^^

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4 5. 10 T H E LAW ‘ W O R M (OirBRTFEGSOM, ETC.) ACT 1952

PART ~ ~ ~ - ~ ~ ~ ~ NEGLIGENCE ~ I B u T ~ R Y

of lliiah ~b~~~~ ~~~~~~~~c~~

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1

suffers partly of his OW

fault and partly of the fault of any other person or persons, a claim in respect crf that damage shall not be defeated by reason of the fault of the person s u ~ e r i n g the d ~ a ~ e , but the ~ ~ a recoverable ~ e s in respect thereof shall be reduced to such e ~ t e n t as the Court thinks just and equitable having regard to the c~aimant’s share in the respon-

sibility for the damage:

Provided that-

( a ) This subsection shall not operate to defeat any defence arising under a contract;

(b) Where any contract or enactment providing for the limitation of liability is applicable to the claim, the amount of damages recoverable by the claimant by virtue of this subsection shall not exceed the maximum limit ^SOapplicable.

{ Z ) Where damages are recoverable by any person by virtue of subsection one of this section subject to such reduction as is therein mentioned, the Court shaU find and record the to,tal damages which would have been r ~ o v e r a b l e if the claimant had not been at fault.

( 3 ) Part I1 of this Act shall apply in any case where two o r more persons are liable o r would, if they had all been sued, be liable by virtue of subsection one of this ~ection in respect of the damage suffered by any person.

( 4 ) Where any Ferssn dies as the result partly of his own fault and partly of the fault of any other person or persons, and a~ordirigly if an action were brought for the benefit of the estate under section 150 of

“The Common Law Practice Acts, 1867 to 1940,” the damages reeover-

able would be reduced under subsection one of this section, any d a m ~ ~ e ~ recoverable in an action. brought for the benefit of the dependants of

that person under section twelve of the said ‘‘The C o i n ~ ~ n Law P r ~ c t i c . ~ Acts, 1867 to 1940,’’ shall be reduced to a proportionate extent,

(5) Where, in any case to which subsection one of this section applies, one of the persons at fault avoids liability to any other such person o r his personal representative by pleading the “Statute of FraudSr.

and ~ i m ~ t u t ~ ~ n s of 1867,” or any other enactment limiting the time w i t ~ i n which ~ o e e e d i n ~ s may be taken, he shall not be entitled to recover any d a ~ a ~ ~ s o r contributiuns from that other person or represe~tative by virtue of the said subsection.

(6) Where any case to which subsection one of this section applies is tried with a jury, the jury shaU determine the total damages which would have been recoverable if the claimant had not been at fault and the extent to which those damages are to be reduc~d.

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B

~ ~ ( 1 ) Where, within ~ ~ 0 ~ ~ ~ ~ .

the time limited b ~ ~Acts, 1916 ~to 1952,” ~ e ~ ~ t ~ ~ ~

for making appl nsation under those Acts, an action is brought to recover d ~ a ~ e s indepen~ent~y of the said Acts in respect of an injury giving rise to a claim €or such c o m ~ e n s a t i o ~ , and it is determined in that action that-

amages are recover~ble ~ d e ~ n d e n t l y of the said Acts subject to such reduction as is mentioned in s u b s e ~ i o n one of section ten of this Act; and

( b ) There is a liability to pay compensation under the said Acts, subclause one of clause twenty-three o€ the Schedule ta the said Acts (which enables the Court, on the dismissal of an action to re cove^

d a ~ a g e s independently ,of the said Acts, to assess and award compensation under the said Acts) shall apply in all respects as if the action had been dismissed, and, if the claimant chooses to have clompensatim assessed and awarded in accordance with the said subclause one of clause twenty-three, no damages shall be recoverable in the said action.

( 2 ) Where a worker or his dependant has recovered compensation

under “The W kers’ C ~ ~Acts, ~1916 eio 1952,” ~ In respeGt s ~ of ~ ~ ~ ~ an, injury caw under circu~stances which would give a right tat recover

reduced d a ~ a g e s in respect thereof by ~ i r t u e of section ten of this Act from some person other than the employer (hereinafte~ referred to as

“the third party”), any right conferred by clause twenty-four of the Schedule to the said Acts on the Insurance ~ o ~ m i s s i o n e r to be i ~ d e m ~ i ~ e d by the third party shall ibe limited to a right to be i n d e ~ n i ~ e d in respect ,of such part only of the compensation recovered by the worker or his dependant as bears to the tcatal amount of compensation so recovered the same proportion as the said reduced damages bear to the total darnages which would have been recoverable if the worker had not been at fault.

Parr I11 of this Act shall not apply to any case where the acts or o ~ i s s i o n s giving rise to the claim occurred before the c o ~ m e n c e m ~ n t of this Act.

(Heading m d s. 13) ( ~ e p e a l ~ ) .

Repealed (as from 1 December 1975) by Act of 1974, No. 7 6 , s. 3 (2) Sixth Sch. Part 111.

6@413---By Authority: S. R . H A M P S O N , Government Printer. Queensland

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TO

A

Act-

commencement of . . .

parts of . . .

short title . . . . .

Apportionment of liability in case of contributor^ negligence

Child, meaning o f term in Part 11

Commencement o f Act . . .

Compensation, workers, power to award . . .

~ o n t r ~ b u t i o n between tortfeasors . . .

Contributory negiigence . . ^,

.

Court-

. . .

meaning of term . . .

powers of, with respect t o a m o u ~ t o f contrjbution between tortfeasnrs

powers of, with respect to apportionment o f liability in case to find ar?d record total damage as if claimant had not of CcntribJtory negiigence bzen

in fault

D

Uarnage-

meaning of term

.

^,

proceedings for, against j'dint tartfeasors in case of contributory negligence provisions as to workers and employers

. . . .

.

. . . . . .

Dependent, meaning o f term . . .

IF

Fault-

meaning of term . . . . . .

partly o f person suffering damask , , . .

Governor in Council to f i x cornmencement of Act

I

fnterpretation. See meaning ol'terrns.

.I .I

. . . . . . . .

.. , '

. ' . * . . . .

. . . .

s . 2 . .

3 ^I^. 1 ,.

I O ,.

8 ^{I .}

2 . f 1 1 ^{t .} ss. 5 (cl, 6

10-12

s. 4 .,

4 . * 5 ^f^. 10 . .

11 . *

4 . *

4 ..

10 ..

2. . .

j

1 5

3 4, 5

7

-

3 4 4

2 2 4 5 2

2 4

1

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8 INDEX

._ ...

...

- .

J

Judgment-

first given, meaning of term in Part I1

recovered against tortfeasor no bar t o an action against joint

. . . s . 8 . . . .

5 (a) . .

tortfeasor

Meaning of terms--

. . .

child in Part 11 8 (a) . ^.

Court . . . 4 . . . .

Damage . . . 4 . . . .

Dependant . . . 4 . . . .

Fault . . . ⁴ . .

parent in Part I1 8 ( a i ’ . . the judgment first given in Part 11 . . . 8 (b) .. . . . P Parent, meaning of term . . . 8 (a)

.

. Parts of Act . . . 3 . . . .

Proceedings- more than one against tortfeasors, sum recoverable in . . 5 (b) . . for contribution between tortfeasors, amount of contribution 6 . . . . and power of Court in

s

Savings- in Part I1 . . . 9 . . . .

in Part I11 . . . 12 . . . .

Snort title . . . I , .

T

[ l i e judgment first given, meaning of term . . . 8 (b) .

.

Twtfeasors proceedings against, and contribution between, joint 5 . . . .

and several

. . . .

, .

.. . . .. ..

.. . .

..

. .

. . . .

..

Page

2 3

3 2

2 3

3 2

..

. ’

!

60413-By Authority: S . R. H A M P S O N . Government Printer, Queensland