For a number of related articles please see our relevant Insights, here. Alternatively go straight to:

‘Interpreting and applying legislation: When might a statutory definition be more than just a definition? (Beware statutory definitions containing substantive material)’.

‘Interpreting and applying legislation: Private Health Insurance, ‘pre-existing condition’, and the 12-month waiting period for a benefit for hospital treatment’.

For example, the Law Reform (Contributory Negligence and Tortfeasors’ Contribution) Act 1947 relates to the common law doctrine of contributory negligence, & the liability of joint & several tortfeasors to make contribution in damages.  Subject to the proportionate liability provisions in Part 1F of the Civil Liability Act 2002 (WA), section 7 of the Law Reform (Contributory Negligence and Tortfeasors’ Contribution) Act 1947 provides rules applicable if there are 2 or more tortfeasors.

Where there are multiple wrongdoers & a question arises as a matter of interpretation of any relevant express provisions of a related contract as to whether the limited contracting out provisions of section 4A of the Civil Liability Act 2002 (WA) have resulted in the exclusion, modification or restriction of the proportionality provisions in Part 1F, these two Acts may pose interesting questions in the course of providing advice & assistance to an affected party.