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Civil Law (Wrongs) Act 2002
107BApplication of ch 7A—apportionable claims
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107B Application of ch 7A—apportionable claims
(1) This chapter applies to apportionable claims.
(2) An apportionable claim is—
(a) a claim for economic loss or damage to property in an action for
damages (whether in tort, under contract or otherwise) arising
from a failure to take reasonable care; or
(b) a claim for economic loss or damage to property in an action for
damages under the Australian Consumer Law (ACT),
section 236 for a contravention of that law, part 3.1 (Unfair
practices).
(3) However, none of the following is an apportionable claim:
(a) a claim arising out of personal injury;
(b) a consumer claim;
(c) a claim prescribed by regulation for this paragraph.
(4) Also, without limiting subsection (3), none of the following is
an apportionable claim:
(a) a claim under the Discrimination Act 1991;
(b) a claim to which the Motor Accident Injuries Act 2019, chapter 5
(Motor accident injuries—common law damages) applies;
(c) a claim under the Workers Compensation Act 1951.
(5) A regulation made for subsection (3) (c) may make provision in
relation to their application to claims arising from acts or omissions
that happened before the regulation was notified.
(6) For this chapter, there is a single apportionable claim in a proceeding
in relation to the same loss or damage even if the claim for the loss or
damage is based on more than 1 cause of action (whether or not of
the same or a different kind).