Document ID: chunk:federal_register_of_legislation:C2004A01334:clause:3_1041m
Version: federal_register_of_legislation:C2004A01334
Segment Type: clause
Provision Reference: sch 3 cl 1041M
Character Range: 301953–302792

1041M  Certain concurrent wrongdoers not to have benefit of apportionment

 (1) Nothing in this Division operates to exclude the liability of a concurrent wrongdoer (an excluded concurrent wrongdoer) in proceedings involving an apportionable claim if:
 (a) the concurrent wrongdoer intended to cause the economic loss or damage to property that is the subject of the claim; or
 (b) the concurrent wrongdoer fraudulently caused the economic loss or damage to property that is the subject of the claim.

 (2) The liability of an excluded concurrent wrongdoer is to be determined in accordance with the legal rules (if any) that (apart from this Division) are relevant.

 (3) The liability of any other concurrent wrongdoer who is not an excluded concurrent wrongdoer is to be determined in accordance with the provisions of this Division.