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Proportionate Liability

by Tony Horan

Tony Horan Melbourne University Seminar

Tony Horan gave a paper on proportionate liability as part of the seminar on 10 November 2009 celebrating the 10th Anniversary of the Construction Law Program at Melbourne University Law School .

Proportionate liability legislation, introduced about 5 years ago around Australia, changed the landscape of multi-party, non-personal injury compensation claims. Building disputes in some jurisdictions had been subject to proportionate liability legislation since 1994. The current legislation is surrounded by controversy and uncertainty, perhaps because its application is so far-reaching. This paper reflects upon how some of the problems experienced with proportionate liability might be addressed, rather than focusing on the mechanics of how proportionate liability presently operates.

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