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
28 Pages Posted: 4 Dec 2010
Date Written: December 1, 2010
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: Suggested Citation