Paul Holmes


Recent years have seen a significant reshaping of civil liability in Australia. A proportionate liability regime for claims concerning purely economic loss and property damage has been introduced by Commonwealth and State governments. At a Federal level, this has been achieved by the introduction of the Corporate Law Economic Reform Program (Audit Reform and Corporate Disclosure) Act 2004 (Cth) which has amended the Corporations Act 2001 (Cth), the Australian Securities & Investment Commission Act 2001 (Cth) and the Trade Practices Act 1974 (Cth). The introduction of these laws has encouraged State governments, which include New South Wales, Victoria, Western Australia and the ACT, to introduce similar reforms with respect to property and economic loss claims. Currently, the only states which have not enacted laws regarding proportionate liability are South Australia, where a bill before the South Australian Parliament received its second reading on 2 March 2005, and Tasmania. The introduction of Queenslandʹs new legislation is the focus for this Article.