Contribution between persons liable for the same damage
Reference received: 12 August 1985
This reference is part of the
Community Law Reform Program
Report
Report 65: Solidary Liability [PDF, 85Kb], July 1990
Tabled in parliament: 12 September 1990
Judicial citation: AWA Ltd v Daniels (1992) 7 ACSR 759 at 877
Report 89: Contribution Between Persons Liable for the Same Damage [PDF, 442Kb], March 1999
Tabled in parliament: 25 May 1999
NSW Law Reform Commission Media Release - Contribution Between Person Liable for the Same Damage (25 May 1999)
Judicial citation: Fatur v I C Formwork Services Pty Ltd (2000) 155 FLR 70 at para 48; Alexander v Perpetual Trustees WA Ltd(2004) 204 ALR 417 (HCA) at para 23
Discussion paper
Discussion Paper 38: Contribution between Persons Liable for the Same Damage, September 1997
Legislative action: Workers Compensation Legislation Amendment (Dust Diseases and Other Matters) Act 1998 Sch 1 [5]
Judicial citation: James Hardie & Co Pty Ltd v Seltsam Pty Ltd (1998) 196 CLR 53 at para 58; Queanbeyan Leagues Club Ltd v Poldune Pty Ltd (NSW SC, No 3418/96, Hamilton J, 17 December 1998, unreported)
Journal articles
A Rogers, "Fairness or joint and several liability" (2000) 8 Torts Law Journal 107; M J Tilbury, "Fairness indeed?: A reply to Andrew Rogers" (2000) 8 Torts Law Journal 113; Peter B Kutner, "A problem of contribution: should judgment for a defendant in an action for damages bar liability for contribution?" (2000) 29 Anglo-American Law Review 397
Terms of reference
To inquire into and report on:
- the law governing rights of contribution between two or more persons responsible for the same damage; and
- any incidental matter.