{"id":"nsw:act-1946-033","name":"Law Reform (Miscellaneous Provisions) Act 1946","slug":"law-reform-miscellaneous-provisions-act-1946","collection":"act","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"33 of 1946","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":111374,"registerId":"nsw-act-1946-033-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"# Part 1 Preliminary\n\nPart 1 Preliminary","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Name of Act","content":"#### 1 Name of Act\n\n1 Name of Act\n\n> > (1) This Act may be cited as the [Law Reform (Miscellaneous Provisions) Act 1946](/view/html/inforce/current/act-1946-033).\n> \n> > (2) (Repealed)\n> \n> **s 1:** Am 1970 No 52, Second Sch; 1999 No 31, Sch 5.60.","sortOrder":1},{"sectionNumber":"Part 2","sectionType":"part","heading":"Alternative defendants and third party procedure","content":"# Part 2 Alternative defendants and third party procedure\n\nPart 2 Alternative defendants and third party procedure","sortOrder":2},{"sectionNumber":"1A","sectionType":"section","heading":"Application","content":"#### 1A Application\n\n1A Application\n\n> This Part applies to all courts of competent jurisdiction other than the Supreme Court and the District Court.\n> \n> **s 1A:** Ins 1970 No 52, Second Sch. Am 1978 No 3, sec 3 (a).","sortOrder":3},{"sectionNumber":"2","sectionType":"section","heading":"Special provisions in relation to certain actions of tort","content":"#### 2 Special provisions in relation to certain actions of tort\n\n2 Special provisions in relation to certain actions of tort\n\n> > (1) In an action of tort in any court to which this Part applies the following provisions shall notwithstanding anything contained in any Act which regulates the procedure and practice of the court, have effect—\n> > \n> > > (a) All persons may be joined as defendants against whom the right to any relief in respect of or arising out of the same transaction or series of transactions is alleged to exist, whether jointly or severally or in the alternative where if separate actions were brought against such persons any common question of law or fact would arise, and judgment or verdict and judgment may be given against such one or more of the defendants as may be found to be liable, according to their respective liabilities, without any amendment.\n> > \n> > > (b) It shall not be necessary that every defendant shall be interested as to all the relief prayed for, or as to every cause of action included in any proceeding against the defendant; but the court may make such order as may appear just to prevent any defendant from being embarrassed or put to expense by being required to attend any proceedings in which the defendant may have no interest.\n> > \n> > > (c) Where the plaintiff is in doubt as to the person from whom the plaintiff is entitled to redress, the plaintiff may join two or more defendants, to the intent that the question as to which, if any, of the defendants is liable, and to what extent, may be determined as between all parties.\n> > \n> > > (d) No action shall be defeated by reason of the misjoinder or non-joinder of parties, and the court may in every action deal with the matter in controversy so far as regards the rights and interests of the parties actually before it.\n> > \n> > > (e) The plaintiff may unite in the same action several causes of action, but if it appear to the court that any such causes of action cannot be conveniently tried or disposed of together, the court may order separate trials of any such causes of action to be had, or may make such other order as may be necessary or expedient for the separate disposal thereof.\n> \n> > (2) The jurisdiction conferred on a court by paragraph (b) or paragraph (e) of subsection (1) may be exercised by a judge of the court sitting either in court or in chambers, or in the case of the Local Court exercising jurisdiction under the [Civil Procedure Act 2005](/view/html/inforce/current/act-2005-028), by a Judge of the Local Court.\n> \n> **s 2:** Am 1970 No 52, Second Sch (am 1972 No 41, Second Sch); 1999 No 31, Sch 4.50 \\[1\\]; 2001 No 121, Sch 2.136; 2006 No 120, Sch 2.46; 2007 No 94, Sch 2; 2025 No 61, Sch 2.59.","sortOrder":4},{"sectionNumber":"3","sectionType":"section","heading":"Third parties","content":"#### 3 Third parties\n\n3 Third parties\n\n> > (1) Any court to which this Part applies shall have power to grant to any defendant in respect of any right claimed or alleged by the defendant all such relief relating to or connected with the original subject of the cause or matter, claimed in like manner against any other person, whether already a party to the cause or matter or not, who has been duly served with notice in writing of the claim pursuant to rules of court or any order of the court, as might properly have been granted against that person if the person had been made a defendant to an action duly instituted by the same defendant for the like purpose.\n> \n> > (2) Every person served with any such notice as aforesaid shall thenceforth be deemed a party to the cause or matter with the same rights in respect of the person’s defence against the claim as if the person had been duly sued in the ordinary way by the defendant.\n> \n> **s 3:** Am 1970 No 52, Second Sch (am 1972 No 41, Second Sch).","sortOrder":5},{"sectionNumber":"4","sectionType":"section","heading":"Rules of court","content":"#### 4 Rules of court\n\n4 Rules of court\n\n> > (1) Rules of court not inconsistent with this Part may be made prescribing all matters which are necessary or convenient to be prescribed for carrying out the objects and intentions of this Part.\n> \n> > (2) (Repealed)\n> \n> > (3) The power to make rules of court conferred by this section may be exercised—\n> > \n> > > (a) (Repealed)\n> > \n> > > (b) in relation to proceedings in the Local Court in its exercise of jurisdiction under the [Civil Procedure Act 2005](/view/html/inforce/current/act-2005-028), by the Governor.\n> \n> **s 4:** Am 1970 No 52, Second Sch (am 1972 No 41, Second Sch); 1978 No 3, sec 3 (b); 1987 No 48, Sch 32; 1999 No 31, Sch 4.50 \\[2\\]; 2006 No 120, Sch 2.46; 2007 No 94, Sch 1.58.","sortOrder":6},{"sectionNumber":"Part 3","sectionType":"part","heading":"Contribution between tort-feasors","content":"# Part 3 Contribution between tort-feasors\n\nPart 3 Contribution between tort-feasors","sortOrder":7},{"sectionNumber":"5","sectionType":"section","heading":"Proceedings against and contribution between joint and several tort-feasors","content":"#### 5 Proceedings against and contribution between joint and several tort-feasors\n\n5 Proceedings against and contribution between joint and several tort-feasors\n\n> > (1) Where damage is suffered by any person as a result of a tort (whether a crime or not)—\n> > \n> > > (a) judgment recovered against any tort-feasor liable in respect of that damage shall not be a bar to an action against any other person who would, if sued, have been liable as a joint tort-feasor in respect of the same damage,\n> > \n> > > (b) if more than one action is brought in respect of that damage by or on behalf of the person by whom it was suffered, or for the benefit of the estate, or of the spouse, brother, sister, half-brother, half-sister, parent or child, of that person, against tort-feasors liable in respect of the damage (whether as joint tort-feasors or otherwise) the sums recoverable under the judgments given in those actions by way of damages shall not in the aggregate exceed the amount of the damages awarded by the judgment first given; and in any of those actions, other than that in which judgment is first given, the plaintiff shall not be entitled to costs unless the court is of opinion that there was reasonable ground for bringing the action,\n> > \n> > > (c) any tort-feasor liable in respect of that damage may recover contribution from any other tort-feasor who is, or would if sued have been, liable in respect of the same damage, whether as a joint tort-feasor or otherwise, so, however, that no person shall be entitled to recover contribution under this section from any person entitled to be indemnified by that person in respect of the liability in respect of which the contribution is sought.\n> \n> > (2) In any proceedings for contribution under this section the amount of the contribution recoverable from any person shall be such as may be found by the court to be just and equitable having regard to the extent of that person’s responsibility for the damage; and the court shall have power to exempt any person from liability to make contribution, or to direct that the contribution to be recovered from any person shall amount to a complete indemnity.\n> \n> > (3) For the purposes of this section—\n> > \n> > > (a) the expressions “parent” and “child” have the same meanings as they have for the purposes of the [Compensation to Relatives Act of 1897](/view/html/inforce/current/act-1897-031) as amended by subsequent Acts, and\n> > \n> > > (b) the reference in this section to “the judgment first given” shall, in a case where that judgment is reversed on appeal, be construed as a reference to the judgment first given which is not so reversed and, in a case where a judgment is varied on appeal, be construed as a reference to that judgment as so varied, and\n> > \n> > > (c) the expression spouse of a person includes the de facto partner of a person at the time of his or her death.\n> > > \n> > > Note.\n> > > \n> > > “De facto partner” is defined in section 21C of the [Interpretation Act 1987](/view/html/inforce/current/act-1987-015).\n> \n> > (3A) For the purposes of this section, where a person commits a tort and the Crown is vicariously liable under section 8 of the [Law Reform (Vicarious Liability) Act 1983](/view/html/inforce/current/act-1983-038) in respect of that tort, the Crown and the person are joint tort-feasors.\n> \n> > (4) Nothing in this section shall—\n> > \n> > > (a) apply with respect to any tort committed before the commencement of this Part, or\n> > \n> > > (a1) apply so as to cause the Crown and a person in the service of the Crown to be joint tort-feasors with respect to a tort to which section 8 of the [Law Reform (Vicarious Liability) Act 1983](/view/html/inforce/current/act-1983-038) applies committed before the day appointed and notified under section 2 (2) of the [Law Reform (Vicarious Liability) Act 1983](/view/html/inforce/current/act-1983-038), or\n> > \n> > > (b) affect any criminal proceedings against any person in respect of any wrongful act, or\n> > \n> > > (c) render enforceable any agreement for indemnity which would not have been enforceable if this section had not been passed.\n> \n> > (5) An amendment made to this section by the [Miscellaneous Acts Amendment (Relationships) Act 2002](/view/html/repealed/current/act-2002-073) does not apply in respect of an action where the tort concerned occurred before the commencement of the amendment.\n> \n> **s 5:** Am 1951 No 59, sec 6; 1983 No 39, Sch 1; 1984 No 39, sec 3; 2002 No 73, Sch 1.15 \\[1\\]–\\[3\\]; 2010 No 19, Sch 3.56.","sortOrder":8},{"sectionNumber":"Part 4","sectionType":"part","heading":null,"content":"# Part 4\n\nPart 4\n\n6 (Repealed)\n\n**pt 4 (s 6):** Rep 2017 No 19, Sch 1 \\[2\\].","sortOrder":9}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The legislation remains focused on its original purpose: procedural reforms for multi-party tort litigation and contribution between joint wrongdoers. While it has been amended multiple times to update court names (Local Court replacing lower courts), include de facto relationships, and coordinate with vicarious liability laws, these are evolutionary updates rather than scope expansion. The core functions—alternative defendants, third-party procedure, and contribution—remain unchanged since 1946."},"complexity_factors":["Multiple amendment history spanning 1946–2025 (9+ amendment notes visible)","Cross-references to 6+ other Acts (Civil Procedure Act 2005, Compensation to Relatives Act 1897, Law Reform (Vicarious Liability) Act 1983, Interpretation Act 1987, Miscellaneous Acts Amendment (Relationships) Act 2002)","Nested subsections with up to 5 levels of indentation (section 5 has subsections, paragraphs, and sub-paragraphs)","Temporal limitations and transitional provisions (subsections 5(4) and 5(5) create complex cut-off dates for when the law applies)","Defined terms requiring external reference ('parent', 'child', 'spouse', 'de facto partner' defined in other legislation)","Conditional logic in contribution calculations ('just and equitable having regard to extent of responsibility')","Partial repeal structure (Part 4 and various subsections repealed, leaving fragmented structure)"],"plain_english_summary":"**What this law does:**\n\nThis 1946 New South Wales Act reforms several procedural rules for civil lawsuits involving multiple parties who may be responsible for the same harm.\n\n**Part 2** (Sections 1A–4) deals with **lower courts** (Local Court and other courts below Supreme/District Court level). It allows:\n- **Joining multiple defendants**: Plaintiffs can sue several people at once if they might all be responsible for the same incident, even if the plaintiff isn't sure who is actually at fault. The court can sort out who pays what later.\n- **Alternative defendants**: If you're unsure who caused your injury, you can name multiple possible defendants in one lawsuit rather than filing separate cases.\n- **Third-party claims**: A defendant who gets sued can bring in another person (a \"third party\") who they believe is actually responsible, making them part of the same case.\n- **Flexible rules**: Courts can fix paperwork mistakes about who is named in the lawsuit without throwing the whole case out.\n\n**Part 3** (Section 5) deals with **contribution between wrongdoers** (applies to all courts):\n- If multiple people are responsible for the same injury (called \"joint tort-feasors\"), you can sue them one after another until you get full compensation—but you can't get paid twice for the same damage.\n- Wrongdoers who pay compensation can sue each other for **contribution**—meaning they can force other responsible parties to pay their fair share. The court decides what share each person should pay based on how much they were at fault.\n- **Important limitation**: This doesn't apply to accidents that happened before this law started (1946), and it doesn't make the government automatically responsible for employees' actions in older cases.\n\n**Who it affects:**\n- People injured by multiple possible wrongdoers (car accidents, property damage, etc.)\n- Defendants who believe someone else is actually at fault\n- Lawyers handling personal injury or property damage cases in NSW lower courts\n\n**Why it matters:**\nThis law prevents the unfairness of plaintiffs having to guess who is at fault before suing, and stops defendants from being stuck paying 100% of damages when others were also responsible. It streamlines lawsuits by keeping related disputes in one case rather than forcing multiple separate trials."},"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":false,"description":"The Act's core purpose – to simplify joinder of parties and enable contribution between tortfeasors – has remained unchanged. Amendments have updated definitions (e.g., adding de facto partners) and extended application to Crown liability, but these are expansions within the original scope, not a fundamental shift."},"complexity_factors":["Cross-references to other Acts (Compensation to Relatives Act 1897, Law Reform (Vicarious Liability) Act 1983, Interpretation Act 1987, Civil Procedure Act 2005)","Definitions incorporate meanings from external Acts (e.g., 'parent', 'child', 'de facto partner')","Exceptions and limitations in subsection (4) and (5) for temporal application (torts before commencement)","Part 2 applies only to courts other than Supreme Court and District Court, creating jurisdictional complexity","Nested provisions: subsection (1) has multiple subparagraphs (a) to (e) with conditions","Use of gendered language (e.g., 'the person against whom the plaintiff is entitled to redress') that has been updated over time, causing historical layering","Multiple amendments (over 10) since 1946, some with savings provisions"],"plain_english_summary":"This Act changes how civil lawsuits for **torts** (civil wrongs like negligence or trespass) are handled in certain courts (not the Supreme Court or District Court). It lets a person suing (the **plaintiff**) sue multiple defendants at once, even if they're not sure who is actually responsible. If you sue the wrong person or forget to sue someone, the case won't automatically fail – the court can fix it. It also allows a defendant to bring a third party into the case (for example, if they think someone else is really to blame). In addition, if multiple people are responsible for the same harm, the Act allows one of them to claim a fair share of the damages from the others (**contribution**). The court decides what's fair based on each person's responsibility. The Act also says that a spouse or de facto partner can be included in certain claims. These rules make lawsuits simpler and more flexible, especially when more than one person might be at fault."},"summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"It is not possible to assess whether the scope of this Act has changed from its original intent, as the full legislative text was not provided. Only website navigation and status metadata were included in the document supplied for analysis."},"complexity_factors":["The actual legislative text was not provided — only website metadata and navigation elements were included, severely limiting analysis","The Act has been amended at least 8 times since 1999, suggesting accumulated layers of changes that could add complexity","Historically, 'Miscellaneous Provisions' Acts bundle unrelated legal reforms together, which can make it harder to understand the law as a coherent whole","The Act dates to 1946, meaning it may use older legal language and concepts that require interpretation in a modern context","Complexity score is kept low (3) because without the actual text, the true complexity cannot be assessed — the score reflects the limited information available"],"plain_english_summary":"## Law Reform (Miscellaneous Provisions) Act 1946 (NSW)\n\n**What is this law?**\nThis is a New South Wales law that has been in force since 1946. Unfortunately, the document provided contains only the **website navigation and metadata** for this Act — not the actual text of the legislation itself. As a result, a detailed analysis of what the law specifically does cannot be completed from this document alone.\n\n**What we do know:**\n- It is a NSW law overseen by the **Attorney General**\n- It has been amended multiple times since 1999, with the most recent update on **28 March 2026**\n- The title \"Miscellaneous Provisions\" typically signals a law that makes **a collection of unrelated reforms** to various areas of law in one package — a common legislative housekeeping technique\n- Historically, this type of Act in NSW has dealt with matters such as **survival of legal claims after death** (meaning your estate can still sue or be sued after you die), **contributory negligence** (sharing blame between parties in an accident), and other civil law reforms\n\n**Who might be affected?**\nPotentially anyone involved in civil legal disputes in NSW, including people making personal injury claims, estates of deceased persons, and parties to contracts.\n\n**Bottom line:** The actual provisions of this Act could not be analysed because the full legislative text was not included in the provided document — only website chrome and status information was supplied."}},"importantCases":[],"_links":{"self":"/api/acts/law-reform-miscellaneous-provisions-act-1946","history":"/api/acts/law-reform-miscellaneous-provisions-act-1946/history","analysis":"/api/acts/law-reform-miscellaneous-provisions-act-1946/analysis","conflicts":"/api/acts/law-reform-miscellaneous-provisions-act-1946/conflicts","importantCases":"/api/acts/law-reform-miscellaneous-provisions-act-1946/important-cases","documents":"/api/acts/law-reform-miscellaneous-provisions-act-1946/documents"}}