Articles
Who to sue and who to blame? Proportionate Liability in the Federal Jurisdiction
Authors: Sam Bagnall and Timothy PriceIn May 2015, the High Court of Australia delivered an important judgment clarifying the extent to which breaches of certain Federal legislation can be classified as apportionable claims to which the defence of proportionate liability is available. The judgment provides significant clarification and resolved competing and contradictory approaches at the intermediate appellate level.
Significant cases, legislation or articles referred to:
- Civil Liability Act 2002 (NSW)
- Corporations Act 2001 (Cth)
- Hunt & Hunt Lawyers v Mitchell Morgan Nominees Pty Ltd [2013] HCA 10; (2013) 247 CLR 613
- Selig v Wealthsure Pty Ltd [2015] HCA 18
- Wealthsure Pty Ltd v Selig [2014] FCAFC 64; (2014) 221 FCR 1
- ABN AMRO Bank NV v Bathurst Regional Council [2014] FCAFC 65; (2014) 224 FCR 1
- Australian Securities and Investments Commission Act 2001 (Cth)
- Trade Practices Act 1974 (Cth)
- Competition and Consumer Act 2010 (Cth)
- Mitchell Morgan Nominees Pty Ltd & Anor v Vella & Ors [2011] NSWCA 390
- Proportionate Liability: Mitchell Morgan Nominees Pty Ltd & Anor v Vella & Ors [2011] NSWCA 390
- Australian Securities and Investments Commission v Stone Assets Management Pty Ltd [2012] FCA 630; (2012) 205 FCR 120
- Selig v Wealthsure Pty Ltd [2013] FCA 348
- Bathurst Regional Council v Local Government Financial Services Pty Ltd (No 5) [2012] FCA 1200
- Reinhold v New South Wales Lotteries Corp (No 2) [2008] NSWSC 187