Problems with the New Regime of Proportionate Liability for Misleading or Deceptive Conduct

University of Western Australia Law Review, Vol. 32, No. 2, pp. 164-193, 2005

Sydney Law School Research Paper No. 10/137

28 Pages Posted: 4 Dec 2010  

Wayne Courtney

The University of Sydney Law School

Date Written: December 1, 2010

Abstract

Significant legislative reforms in Australia in 2004 introduced new statutory schemes for proportionate liability. At a federal level, the schemes applied to, inter alia, claims for damage to property or economic loss caused by misleading or deceptive conduct in contravention of s 52 of the Trade Practices Act 1974 (Cth). The legislation in the States varied, but generally covered claims arising under the equivalent State Fair Trading Acts, and also liability arising from a failure to take reasonable care. The schemes were largely similar in their manner of operation. This article critically examines the proportionate liability regime under the Trade Practices Act 1974 (Cth) and identifies difficulties in applying the regime in practice.

Keywords: Proportionate Liability, Trade Practices Act

JEL Classification: K10, K12, K30

Suggested Citation

Courtney, Wayne, Problems with the New Regime of Proportionate Liability for Misleading or Deceptive Conduct (December 1, 2010). University of Western Australia Law Review, Vol. 32, No. 2, pp. 164-193, 2005; Sydney Law School Research Paper No. 10/137. Available at SSRN: https://ssrn.com/abstract=1718819

Wayne Courtney (Contact Author)

The University of Sydney Law School ( email )

New Law Building, F10
The University of Sydney
Sydney, NSW 2006
Australia

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