The Victorian proportionate liability regime, introduced through Part IVAA of the Wrongs Act 1958 (Vic) in 2003, was intended to promote fairness in multi-defendant proceedings. The scheme limits the liability of each defendant to the extent of their individual responsibility for the plaintiff’s loss. It is often a point of interest in construction law litigation.
Read MoreThe recent NSW Supreme Court decision in Sydney Capitol Hotels Pty Ltd v Bandelle Pty Ltd [2019] NSWSC 1825 confirms that certain claims which are made 10 years after the date of the occupancy permit will not be time barred under section 134 of the Building Act 1993 (Vic). In Victoria, there are two Acts which prescribe limitation periods, namely Section 5 of the Limitation of Actions Act 1958 (Vic); and Section 134 of the Building Act 1993 (Vic).
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