Document ID: chunk:federal_register_of_legislation:C2004A01334:clause:3_1
Version: federal_register_of_legislation:C2004A01334
Segment Type: clause
Provision Reference: sch 3 cl 1
Character Range: 291874–292883

1  Before subsection 12GF(2)
Insert:

 (1B) Despite subsection (1), if:
 (a) a person (the claimant) makes a claim under subsection (1) in relation to:
 (i) economic loss; or
 (ii) damage to property;
  caused by conduct of another person (the defendant) that was done in contravention of section 12DA; and
 (b) the claimant suffered the loss or damage:
 (i) as a result partly of the claimant's failure to take reasonable care; and
 (ii) as a result partly of the conduct referred to in paragraph (a); and
 (c) the defendant:
 (i) did not intend to cause the loss or damage; and
 (ii) did not fraudulently cause the loss or damage;
the damages that the claimant may recover in relation to the loss or damage are to be reduced to the extent to which the court thinks just and equitable having regard to the claimant's share in the responsibility for the loss or damage.

Note: Subdivision GA also applies proportionate liability to a claim for damages under this section for a contravention of section 12DA.