Wrongs (Amendment) Act 2000

i Wrongs (Amendment) Act 2000 Act No. 75/2000 TABLE OF PROVISIONS Section Page 1. Purpose 1 2. Commencement 1 3. Principal Act 2 4. Definitions 2 5. Apportionment principle applicable to claims in contract 2 6. Consequential amendments 3 7. New section 27 inserted 4 27. Supreme Court—limitation of jurisdiction 4 8. New section 28AA inserted 4 28AA. Transitional provision 4 ═══════════════ ENDNOTES 6 -- 1 of 7 -- 1 Wrongs (Amendment) Act 2000 † [Assented to 21 November 2000] The Parliament of Victoria enacts as follows: 1. Purpose The purpose of this Act is to amend the Wrongs Act 1958 with respect to the apportionment of damages in claims arising from breach of contract. 2. Commencement This Act comes into operation on the day on which it receives the Royal Assent. Victoria No. 75 of 2000 -- 2 of 7 -- Act No. 75/2000 Wrongs (Amendment) Act 2000 2 3. Principal Act In this Act, the Wrongs Act 1958 is called the Principal Act. 4. Definitions In section 25 of the Principal Act, for the definition of "fault" substitute— ' "wrong" means an act or omission that— (a) gives rise to a liability in tort in respect of which a defence of contributory negligence is available at common law; or (b) amounts to a breach of a contractual duty of care that is concurrent and co-extensive with a duty of care in tort.'. 5. Apportionment principle applicable to claims in contract In section 26 of the Principal Act, for sub-section (1) substitute— "(1) If a person (the claimant) suffers damage as the result partly of the claimant's failure to take reasonable care (contributory negligence) and partly of the wrong of any other person or persons— (a) a claim in respect of the damage is not defeated by reason of the contributory negligence of the claimant; and See: Act No. 6420 Reprint No. 7 as at 19 November 1998 Law Today: www.dms. dpc.vic. gov.au s. 3 -- 3 of 7 -- Act No. 75/2000 Wrongs (Amendment) Act 2000 3 (b) the damages recoverable in respect of the wrong must be reduced to such extent as the court thinks just and equitable having regard to the claimant's share in the responsibility for the damage. (1A) Sub-section (1) does not operate to defeat any defence arising under a contract. (1B) If any contract or enactment providing for the limitation of liability is applicable to the claim, the amount of damages awarded to the claimant by virtue of sub-section (1) is not to exceed the maximum limit so applicable. (1C) If a claim is brought in a court of limited jurisdiction, the court may award damages up to the limit of its jurisdiction even though the amount of damages has first been reduced under sub-section (1) or (1B).". 6. Consequential amendments (1) In section 26(2) of the Principal Act— (a) for "the last preceding sub-section" substitute "sub-section (1)"; (b) for "paragraphs (b) and (c) of the proviso to the last preceding sub-section" substitute "sub-sections (1B) and (1C)"; (c) for "at fault" substitute "guilty of contributory negligence". (2) In section 26(4) of the Principal Act— (a) for "his own fault and partly of the fault" substitute "his or her failure to take reasonable care (contributory negligence) and partly of the wrong"; (b) for "fault" (where thirdly occurring) substitute "contributory negligence". s. 6 -- 4 of 7 -- Act No. 75/2000 Wrongs (Amendment) Act 2000 4 (3) In section 26(5) of the Principal Act, for "at fault" substitute "responsible for the damage". (4) In section 26(6) of the Principal Act, for "at fault" substitute "guilty of contributory negligence". 7. New section 27 inserted After section 26 of the Principal Act insert— "27. Supreme Court—limitation of jurisdiction It is the intention of section 26, as amended by the Wrongs (Amendment) Act 2000, to alter or vary section 85 of the Constitution Act 1975.". 8. New section 28AA inserted In Part V of the Principal Act, after section 28 insert— "28AA. Transitional provision (1) Subject to sub-section (2), the amendments to this Part made by sections 4, 5 and 6 of the Wrongs (Amendment) Act 2000 must be taken to apply to wrongs that occurred before the commencement of that Act as if those amendments had been in force when the wrong occurred. (2) This Part, as in force before the commencement of the Wrongs (Amendment) Act 2000, continues to apply to a wrong about which— (a) a court has, before that commencement, 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 commencement or is made on or after that commencement; or s. 7 -- 5 of 7 -- Act No. 75/2000 Wrongs (Amendment) Act 2000 5 (b) the persons responsible for the damage have, before that commencement, entered into an agreement to settle claims arising from the wrong (including an agreement about liability only).". ═══════════════ s. 8 -- 6 of 7 -- Act No. 75/2000 Wrongs (Amendment) Act 2000 6 ENDNOTES † Minister's second reading speech— Legislative Assembly: 5 October 2000 Legislative Council: 26 October 2000 The long title for the Bill for this Act was "to amend the Wrongs Act 1958 with respect to the apportionment of damages in claims arising from breach of contract and for other purposes." Constitution Act 1975: Section 85(5) statement: Legislative Assembly: 5 October 2000 Legislative Council: 26 October 2000 Absolute majorities: Legislative Assembly: 26 October 2000 Legislative Council: 15 November 2000 Endnotes -- 7 of 7 --