The Act consolidates earlier law‑reform provisions and reshapes civil‑liability rules: it removes the old common‑employment defence so employers (and the Crown) can be directly liable for employee‑caused harm, creates a scheme for sharing contribution among multiple wrongdoers, and preserves proportionate recoveries where victims are partly at fault. It also protects unpaid emergency medical volunteers, equalises spouses’ tort rights, and permits wage attachment for public servants. It matters because it shifts costs and litigation incentives onto employers, insurers, tortfeasors and courts.
The Law Reform Act 1995 is a consolidating statute that gathers and modernises several discrete common-law reforms enacted in Queensland between 1951 and 1973. Its core function is to alter the incidence of civil liability in tort, contract and family relationships by removing historical barriers to recovery, apportioning responsibility more equitably and conferring limited immunities.
Part 2 (ss 3–4) abolishes the doctrine of common employment. Section 3(1) expressly provides that it is no defence to an employer sued for injury caused by the wrongful act, neglect or default of one employee that the injured employee was in common employment with the wrongdoer. Section 3(2) voids any contractual term that would exclude or limit the employer’s liability for such injuries. Section 4 binds the Crown.
Part 3 (ss 4A–11) deals with tortfeasor contribution and contributory negligence, but operates subject to the Civil Liability Act 2003 (s 4A). Division 1 supplies definitions: “court”, “damage” (including loss of life and personal injury), “dependant” (cross-referencing Civil Proceedings Act 2011 pt 10) and “wrong” (an act or omission giving rise to tortious liability where contributory negligence is available at common law or a concurrent contractual duty of care). Division 2 (ss 6–9) permits proceedings against joint and several tortfeasors. Section 6(a) prevents a judgment against one tortfeasor from barring action against another. Section 6(b) caps aggregate damages recoverable in multiple actions at the amount of the first judgment and restricts costs in subsequent actions. Section 6(c) creates a statutory right of contribution among tortfeasors liable for the same damage, subject to indemnity exceptions. Section 7 empowers the court to fix the contribution on a “just and equitable” basis having regard to relative responsibility and to grant complete indemnity or exemption. Section 8 defines “judgment first given” for appeal purposes. Section 9 excludes torts committed before 12 January 1953, criminal prosecutions and unenforceable indemnity agreements, while preserving certain pre-1968 contribution claims.
Current sections
Direct links to the current provisions in Law Reform Act 1995.
36
pt.1
Preliminary
Preliminary
sec.1
Short title
sec.1 Short title
This Act may be cited as the Law Reform Act 1995 .
s 1 sub 1995 No. 58 s 4 sch 1
sec.2
Act is, in part, a consolidation
sec.2 Act is, in part, a consolidation
This Act, as in force at the commencement of this section, is, in part, a consolidation of provisions of the Law Reform (Abolition of the Rule of Common Employment) Act 1951 (the existing provisions ) and provisions relocated from the following Acts (the relocated provisions )—
Law Reform (Tortfeasors Contribution, Contributory Negligence, and Division of Chattels) Act 1952
Law Reform (Husband and Wife) Act 1968
Voluntary Aid in Emergency Act 1973 .
The Act is also a consolidation of provisions of the law about the age of majority and the legal capacity of persons whose relationship is husband and wife.
To remove any doubt, it is declared that the relocated provisions were not re-enacted by the Statute Law Revision Act (No. 2) 1995 , but merely moved (without re-enactment) from the Act s in which they were enacted to this Act.
Without limiting subsections (1) and (3) and to further remove any doubt, it is also declared that the relocation to this Act of the relocated provisions did not impliedly repeal or amend, or otherwise affect the operation of, the existing provisions, the relocated provisions or the provisions of any other law and, in particular, did not affect the meaning or effect that the existing or relocated provisions, or the provisions of the other law, had because of the respective times when they were enacted.
In addition, it is declared that the relocation did not—
affect any jurisdiction or power of a court or judge; or
affect any principle or rule of law or equity; or
affect any right, privilege or liability; or
revive anything not existing or in force.
s 2 ins 1995 No. 58 s 4 sch 1
amd 1996 No. 79 s 66 ; 2002 No. 74 s 90 sch
(sec.2-ssec.1) This Act, as in force at the commencement of this section, is, in part, a consolidation of provisions of the Law Reform (Abolition of the Rule of Common Employment) Act 1951 (the existing provisions ) and provisions relocated from the following Acts (the relocated provisions )— Law Reform (Tortfeasors Contribution, Contributory Negligence, and Division of Chattels) Act 1952 Law Reform (Husband and Wife) Act 1968 Voluntary Aid in Emergency Act 1973 .
(sec.2-ssec.2) The Act is also a consolidation of provisions of the law about the age of majority and the legal capacity of persons whose relationship is husband and wife.
(sec.2-ssec.3) To remove any doubt, it is declared that the relocated provisions were not re-enacted by the Statute Law Revision Act (No. 2) 1995 , but merely moved (without re-enactment) from the Act s in which they were enacted to this Act.
(sec.2-ssec.4) Without limiting subsections (1) and (3) and to further remove any doubt, it is also declared that the relocation to this Act of the relocated provisions did not impliedly repeal or amend, or otherwise affect the operation of, the existing provisions, the relocated provisions or the provisions of any other law and, in particular, did not affect the meaning or effect that the existing or relocated provisions, or the provisions of the other law, had because of the respective times when they were enacted.
(sec.2-ssec.5) In addition, it is declared that the relocation did not— affect any jurisdiction or power of a court or judge; or affect any principle or rule of law or equity; or affect any right, privilege or liability; or revive anything not existing or in force.
• Law Reform (Tortfeasors Contribution, Contributory Negligence, and Division of Chattels) Act 1952
• Law Reform (Husband and Wife) Act 1968
• Voluntary Aid in Emergency Act 1973 .
(a) affect any jurisdiction or power of a court or judge; or
(b) affect any principle or rule of law or equity; or
(c) affect any right, privilege or liability; or
(d) revive anything not existing or in force.
pt.2
Abolition of rule of common employment
Abolition of rule of common employment
sec.3
Defence of common employment abolished
sec.3 Defence of common employment abolished
It shall not be a defence to an employer who is sued in respect of any injury or damage caused by the wrongful act, neglect, or default of a person employed by him or her, that that person was at the time the injury or damage was caused in common employment with the person suffering that injury or damage.
Any provision contained in a contract of service or apprenticeship, or in an agreement collateral thereto (including a contract or agreement entered into before the commencement of this section), shall be void in so far as it would have the effect of excluding or limiting any liability of the employer in respect of personal injuries caused to the person employed or apprenticed by the wrongful act, neglect, or default of any persons in common employment with him or her.
s 3 amd 1995 No. 58 s 4 sch 1
(sec.3-ssec.1) It shall not be a defence to an employer who is sued in respect of any injury or damage caused by the wrongful act, neglect, or default of a person employed by him or her, that that person was at the time the injury or damage was caused in common employment with the person suffering that injury or damage.
(sec.3-ssec.2) Any provision contained in a contract of service or apprenticeship, or in an agreement collateral thereto (including a contract or agreement entered into before the commencement of this section), shall be void in so far as it would have the effect of excluding or limiting any liability of the employer in respect of personal injuries caused to the person employed or apprenticed by the wrongful act, neglect, or default of any persons in common employment with him or her.
sec.4
Application to Crown
sec.4 Application to Crown
This part binds the Crown and instrumentalities of the Crown.
s 4 amd 1995 No. 58 s 4 sch 1
pt.3
Tortfeasors contribution and contributory negligence
Tortfeasors contribution and contributory negligence
pt.3-div.1
Preliminary
Preliminary
sec.4A
Application of part
sec.4A Application of part
This part applies subject to the Civil Liability Act 2003 .
s 4A ins 2003 No. 16 s 111 sch 1
sec.5
Definitions for pt 3
sec.5 Definitions for pt 3
In this part—
court means, in relation to any claim, the court or arbitrator by or before whom the claim falls to be determined.
damage includes loss of life and personal injury.
dependant means any person for whose benefit an action could be brought under the Civil Proceedings Act 2011 , part 10 .
s 5 def dependant amd 2011 No. 45 s 161
fault ...
s 5 def fault amd 1995 No. 58 s 4 sch 1
om 2001 No. 65 s 4 (1)
wrong means an act or omission that—
gives rise to a liability in tort for which a defence of contributory negligence is available at common law; or
amounts to a breach of a contractual duty of care that is concurrent and coextensive with a duty of care in tort.
s 5 def wrong ins 2001 No. 65 s 4 (2)
s 5 (prev 1952 1 Eliz 2 No. 42 s 4) amd 1995 No. 58 s 4 sch 1
reloc 1995 No. 58 s 4 sch 1
(a) gives rise to a liability in tort for which a defence of contributory negligence is available at common law; or
(b) amounts to a breach of a contractual duty of care that is concurrent and coextensive with a duty of care in tort.
pt.3-div.2
Proceedings against, and contribution between, tortfeasors
Proceedings against, and contribution between, tortfeasors
sec.6
Proceedings against, and contribution between, joint and several tortfeasors
sec.6 Proceedings against, and contribution between, joint and several tortfeasors
Where damage is suffered by any person as a result of a tort (whether a crime or not) the following apply—
judgment recovered against any tortfeasor 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 tortfeasor in respect of the same damage;
if more than 1 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 dependants of that person, against tortfeasors liable in respect of the damage (whether as joint tortfeasors 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;
any tortfeasor liable in respect of that damage may recover contribution from any other tortfeasor who is, or would if sued have been, liable in respect of the same damage, whether as a joint tortfeasor or otherwise, so, however, that no person shall be entitled to recover contribution under this section from any person entitled to be indemnified by the person in respect of the liability in respect of which the contribution is sought.
s 6 (prev 1952 1 Eliz 2 No. 42 s 5) amd 1994 No. 85 s 12 sch
reloc 1995 No. 58 s 4 sch 1
amd 2010 No. 42 s 214 sch ; 2011 No. 45 s 162
(a) judgment recovered against any tortfeasor 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 tortfeasor in respect of the same damage;
(b) if more than 1 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 dependants of that person, against tortfeasors liable in respect of the damage (whether as joint tortfeasors 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;
(c) any tortfeasor liable in respect of that damage may recover contribution from any other tortfeasor who is, or would if sued have been, liable in respect of the same damage, whether as a joint tortfeasor or otherwise, so, however, that no person shall be entitled to recover contribution under this section from any person entitled to be indemnified by the person in respect of the liability in respect of which the contribution is sought.
sec.7
Amount of contribution and power of the court
sec.7 Amount of contribution and power of the court
In any proceedings for contribution under this division 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.
s 7 (prev 1952 1 Eliz 2 No. 42 s 6) amd 1995 No. 58 s 4 sch 1
reloc 1995 No. 58 s 4 sch 1
sec.8
Additional definitions for div 2
sec.8 Additional definitions for div 2
In this division—
judgment first given means—
for a judgment reversed on appeal—the first judgment given that is not later reversed on appeal; or
for a judgment varied on appeal—the judgment as varied.
s 8 (prev 1952 1 Eliz 2 No. 42 s 8) amd 1994 No. 85 s 12 sch
sub 1995 No. 58 s 4 sch 1
reloc 1995 No. 58 s 4 sch 1
s 8 def child om 2011 No. 45 s 163
s 8 def parent om 2011 No. 45 s 163
s 8 def spouse sub 2002 No. 74 s 90 sch
om 2011 No. 45 s 163
(a) for a judgment reversed on appeal—the first judgment given that is not later reversed on appeal; or
(b) for a judgment varied on appeal—the judgment as varied.
sec.9
Application of division
sec.9 Application of division
This division does not—
apply to a tort committed before 12 January 1953; or
This is the commencement date of the Law Reform (Tortfeasors Contribution, Contributory Negligence, and Division of Chattels) Act 1952 .
affect a criminal prosecution against a person; or
render enforceable an agreement for indemnity that would not otherwise have been enforceable.
However, subsection (1) (c) does not apply to a claim for contribution or any liability arising from that claim if—
the Law Reform (Tortfeasors Contribution, Contributory Negligence, and Division of Chattels) Act 1952 , repealed section 7 , would have applied to the claim apart from its repeal; and
the act or omission giving rise to the claim happened before 1 June 1968.
This is the commencement date of the Law Reform (Husband and Wife) Act 1968 .
s 9 (prev 1952 1 Eliz 2 No. 42 s 9) sub 1995 No. 58 s 4 sch 1
reloc 1995 No. 58 s 4 sch 1
(sec.9-ssec.1) This division does not— apply to a tort committed before 12 January 1953; or This is the commencement date of the Law Reform (Tortfeasors Contribution, Contributory Negligence, and Division of Chattels) Act 1952 . affect a criminal prosecution against a person; or render enforceable an agreement for indemnity that would not otherwise have been enforceable.
(sec.9-ssec.2) However, subsection (1) (c) does not apply to a claim for contribution or any liability arising from that claim if— the Law Reform (Tortfeasors Contribution, Contributory Negligence, and Division of Chattels) Act 1952 , repealed section 7 , would have applied to the claim apart from its repeal; and the act or omission giving rise to the claim happened before 1 June 1968. This is the commencement date of the Law Reform (Husband and Wife) Act 1968 .
(a) apply to a tort committed before 12 January 1953; or Editor’s note— This is the commencement date of the Law Reform (Tortfeasors Contribution, Contributory Negligence, and Division of Chattels) Act 1952 .
(b) affect a criminal prosecution against a person; or
(c) render enforceable an agreement for indemnity that would not otherwise have been enforceable.
(a) the Law Reform (Tortfeasors Contribution, Contributory Negligence, and Division of Chattels) Act 1952 , repealed section 7 , would have applied to the claim apart from its repeal; and
(b) the act or omission giving rise to the claim happened before 1 June 1968. Editor’s note— This is the commencement date of the Law Reform (Husband and Wife) Act 1968 .
pt.3-div.3
Contributory negligence
Contributory negligence
sec.10
Apportionment of liability in case of contributory negligence
sec.10 Apportionment of liability in case of contributory negligence
If a person (the claimant ) suffers damage partly because of the claimant’s failure to take reasonable care ( contributory negligence ) and partly because of the wrong of someone else—
a claim in relation to the damage is not defeated because of the claimant’s contributory negligence; and
the damages recoverable for the wrong are to be reduced to the extent the court considers just and equitable having regard to the claimant’s share in the responsibility for the damage.
Subsection (1) does not operate to defeat any defence arising under a contract.
If a contract or enactment providing for the limitation of liability applies to the claim, the amount of damages recoverable by the claimant because of subsection (1) is not to exceed the maximum limit applying to the claim.
Where damages are recoverable by any person by virtue of subsection (1) subject to such reduction as is therein mentioned, the court shall find and record the total damages which would have been recoverable if the claimant had not been guilty of contributory negligence.
Division 2 shall apply in any case where 2 or more persons are liable or would, if they had all been sued, be liable by virtue of subsection (1) in respect of the damage suffered by any person.
Where any person dies as the result partly of his or her own failure to take reasonable care and partly of the wrong of any other person or persons, and accordingly if an action were brought for the benefit of the estate under the Succession Act 1981 , section 66 the damages recoverable would be reduced under subsection (1) , any damages recoverable in an action brought for the benefit of the dependants of that person under the Civil Proceedings Act 2011 , part 10 must be reduced to a proportionate extent.
Civil Proceedings Act 2011 , part 10 (Wrongful death proceedings)
Where, in any case to which subsection (1) applies, one of the persons responsible for the damage avoids liability to any other such person or the person’s personal representative by pleading the Limitation of Actions Act 1974 or another Act limiting the time within which proceedings may be taken, the person shall not be entitled to recover any damages or contributions from that other person or representative by virtue of the said subsection.
Where any case to which subsection (1) applies is tried with a jury, the jury shall determine the total damages which would have been recoverable if the claimant had not been guilty of contributory negligence and the extent to which those damages are to be reduced.
s 10 (prev 1952 1 Eliz 2 No. 42 s 10) amd 1995 No. 58 s 4 sch 1
reloc 1995 No. 58 s 4 sch 1
amd 2001 No. 65 s 5 ; 2011 No. 45 s 164
(sec.10-ssec.1) If a person (the claimant ) suffers damage partly because of the claimant’s failure to take reasonable care ( contributory negligence ) and partly because of the wrong of someone else— a claim in relation to the damage is not defeated because of the claimant’s contributory negligence; and the damages recoverable for the wrong are to be reduced to the extent the court considers just and equitable having regard to the claimant’s share in the responsibility for the damage.
(sec.10-ssec.2) Subsection (1) does not operate to defeat any defence arising under a contract.
(sec.10-ssec.2A) If a contract or enactment providing for the limitation of liability applies to the claim, the amount of damages recoverable by the claimant because of subsection (1) is not to exceed the maximum limit applying to the claim.
(sec.10-ssec.3) Where damages are recoverable by any person by virtue of subsection (1) subject to such reduction as is therein mentioned, the court shall find and record the total damages which would have been recoverable if the claimant had not been guilty of contributory negligence.
(sec.10-ssec.4) Division 2 shall apply in any case where 2 or more persons are liable or would, if they had all been sued, be liable by virtue of subsection (1) in respect of the damage suffered by any person.
(sec.10-ssec.5) Where any person dies as the result partly of his or her own failure to take reasonable care and partly of the wrong of any other person or persons, and accordingly if an action were brought for the benefit of the estate under the Succession Act 1981 , section 66 the damages recoverable would be reduced under subsection (1) , any damages recoverable in an action brought for the benefit of the dependants of that person under the Civil Proceedings Act 2011 , part 10 must be reduced to a proportionate extent. Civil Proceedings Act 2011 , part 10 (Wrongful death proceedings)
(sec.10-ssec.6) Where, in any case to which subsection (1) applies, one of the persons responsible for the damage avoids liability to any other such person or the person’s personal representative by pleading the Limitation of Actions Act 1974 or another Act limiting the time within which proceedings may be taken, the person shall not be entitled to recover any damages or contributions from that other person or representative by virtue of the said subsection.
(sec.10-ssec.7) Where any case to which subsection (1) applies is tried with a jury, the jury shall determine the total damages which would have been recoverable if the claimant had not been guilty of contributory negligence and the extent to which those damages are to be reduced.
(a) a claim in relation to the damage is not defeated because of the claimant’s contributory negligence; and
(b) the damages recoverable for the wrong are to be reduced to the extent the court considers just and equitable having regard to the claimant’s share in the responsibility for the damage.
sec.11
Application of division
sec.11 Application of division
This division does not apply to a case if the acts or omissions giving rise to the claim happened before 12 January 1953.
This is the commencement date of the Law Reform (Tortfeasors Contribution, Contributory Negligence, and Division of Chattels) Act 1952 .
s 11 (prev 1952 1 Eliz 2 No. 42 s 12) sub 1995 No. 58 s 4 sch 1
reloc 1995 No. 58 s 4 sch 1
pt.4
Civil remedies between persons whose relationship is husband and wife
Civil remedies between persons whose relationship is husband and wife
sec.12
Actions in tort between husband and wife
sec.12 Actions in tort between husband and wife
Subject to the provisions of this section, each of the parties to a marriage shall have the like right of action in tort against the other as if they were not married.
Where an action in tort is brought by one of the parties to a marriage against the other during the subsistence of the marriage, the court may stay the action if it appears that no substantial benefit would accrue to either party from the continuation of the proceedings.
In subsection (1) —
parties to a marriage includes reference to persons who were parties to a marriage that has been annulled or dissolved.
s 12 (prev 1968 No. 15 s 2 ) amd 1989 No. 81 s 4 ; 1995 No. 58 s 4 sch 1
reloc 1995 No. 58 s 4 sch 1
(sec.12-ssec.1) Subject to the provisions of this section, each of the parties to a marriage shall have the like right of action in tort against the other as if they were not married.
(sec.12-ssec.2) Where an action in tort is brought by one of the parties to a marriage against the other during the subsistence of the marriage, the court may stay the action if it appears that no substantial benefit would accrue to either party from the continuation of the proceedings.
(sec.12-ssec.3) In subsection (1) — parties to a marriage includes reference to persons who were parties to a marriage that has been annulled or dissolved.
sec.13
Spouse’s remedy for loss or impairment of consortium
sec.13 Spouse’s remedy for loss or impairment of consortium
This section applies if a person causes injury to another by wrongful act, neglect or default, whether or not the injury results in death.
The person is liable in damages to the injured person’s spouse for loss or injury suffered by the spouse because of the loss or impairment of consortium.
The damages must be assessed in the same way as in a claim by a husband for damages in tort for loss or impairment of consortium.
A husband can only recover the damages mentioned in this section under either the common law or this section but not both.
s 13 (prev 1968 No. 15 s 3 ) sub 1989 No. 81 s 5
reloc 1995 No. 58 s 4 sch 1
sub 2010 No. 9 s 22
(sec.13-ssec.1) This section applies if a person causes injury to another by wrongful act, neglect or default, whether or not the injury results in death.
(sec.13-ssec.2) The person is liable in damages to the injured person’s spouse for loss or injury suffered by the spouse because of the loss or impairment of consortium.
(sec.13-ssec.3) The damages must be assessed in the same way as in a claim by a husband for damages in tort for loss or impairment of consortium.
(sec.13-ssec.4) A husband can only recover the damages mentioned in this section under either the common law or this section but not both.
sec.14
Application of part
sec.14 Application of part
This part shall not be construed to confer a right of action in respect of a wrongful act, neglect or default that occurred—
before 1 June 1968, where the application of section 12 is in question; or
before 1 January 1985, where the application of section 13 is in question.
s 14 prev s 14 ins 1995 No. 58 s 4 sch 1
pres s 14 (prev 1968 No. 15 s 4 ) sub 1989 No. 81 s 6
amd 1995 No. 58 s 4 sch 1
reloc 1995 No. 58 s 4 sch 1
amd 2010 No. 42 s 214 sch
(a) before 1 June 1968, where the application of section 12 is in question; or
(b) before 1 January 1985, where the application of section 13 is in question.
pt.5
Voluntary aid in emergency
Voluntary aid in emergency
sec.15
Definitions for pt 5
sec.15 Definitions for pt 5
In this part—
injured person includes a person suffering or apparently suffering from an illness.
medical practitioner ...
s 15 def medical practitioner sub 2001 No. 7 s 302 sch 2
om 2010 No. 14 s 124 sch
nurse means a person registered under the Health Practitioner Regulation National Law to practise in the nursing profession, other than as a student.
s 15 def nurse sub 2010 No. 14 s 124 sch
amd 2017 No. 32 s 87 (2) s ch 1 pt 2
s 15 (prev 1973 No. 56 s 2 ) amd 1995 No. 58 s 4 sch 1
reloc 1995 No. 58 s 4 sch 1
sec.16
Protection of medical practitioners and nurses and other prescribed persons
sec.16 Protection of medical practitioners and nurses and other prescribed persons
Liability at law shall not attach to a medical practitioner, nurse or other person prescribed under a regulation in respect of an act done or omitted in the course of rendering medical care, aid or assistance to an injured person in circumstances of emergency—
at or near the scene of the incident or other occurrence constituting the emergency; or
while the injured person is being transported from the scene of the incident or other occurrence constituting the emergency to a hospital or other place at which adequate medical care is available;
if—
the act is done or omitted in good faith and without gross negligence; and
the services are performed without fee or reward or expectation of fee or reward.
s 16 (prev 1973 No. 56 s 3 ) amd 1995 No. 58 s 4 sch 1
reloc 1995 No. 58 s 4 sch 1
amd 1997 No. 82 s 3 sch ; 2010 No. 42 s 214 sch
(a) at or near the scene of the incident or other occurrence constituting the emergency; or
(b) while the injured person is being transported from the scene of the incident or other occurrence constituting the emergency to a hospital or other place at which adequate medical care is available;
(c) the act is done or omitted in good faith and without gross negligence; and
(d) the services are performed without fee or reward or expectation of fee or reward.
pt.6
Age of majority
Age of majority
sec.17
What is age of majority
sec.17 What is age of majority
The age of majority is 18 years.
s 17 ins 1995 No. 58 s 4 sch 1
pt.7
Legal capacity of persons whose relationship is husband and wife
Legal capacity of persons whose relationship is husband and wife
sec.18
Capacity
sec.18 Capacity
A married person has a legal personality that is independent, separate and distinct from the legal personality of the person’s husband or wife.
A married person has the same legal capacity that the person would have if the person were unmarried.
s 18 ins 1995 No. 58 s 4 sch 1
amd 2002 No. 74 s 90 sch
(sec.18-ssec.1) A married person has a legal personality that is independent, separate and distinct from the legal personality of the person’s husband or wife.
(sec.18-ssec.2) A married person has the same legal capacity that the person would have if the person were unmarried.
pt.8
Attachment of wages
Attachment of wages
sec.18A
Wages of public service employees may be attached
sec.18A Wages of public service employees may be attached
A court may, in a proceeding, order the attachment or charging of the salary or wages of a public service employee or other employee of the State to satisfy a debt, liability, action or other amount ordered by the court to be paid.
Also, the registrar of a court may order the attachment or charging of the salary or wages of a public service employee or other employee of the State to satisfy a debt, liability, action or other amount ordered by the court to be paid.
This section has effect despite any other Act or rule of law to the contrary.
s 18A ins 1996 No. 79 s 68
amd 2000 No. 58 s 2 sch
(sec.18A-ssec.1) A court may, in a proceeding, order the attachment or charging of the salary or wages of a public service employee or other employee of the State to satisfy a debt, liability, action or other amount ordered by the court to be paid.
(sec.18A-ssec.2) Also, the registrar of a court may order the attachment or charging of the salary or wages of a public service employee or other employee of the State to satisfy a debt, liability, action or other amount ordered by the court to be paid.
(sec.18A-ssec.3) This section has effect despite any other Act or rule of law to the contrary.
pt.9
Miscellaneous
Miscellaneous
sec.19
Regulation-making power
sec.19 Regulation-making power
The Governor in Council may make regulations under this Act.
s 19 ins 1995 No. 58 s 4 sch 1
sec.20
References to certain Acts and provisions
sec.20 References to certain Acts and provisions
In an Act or document, a reference to any of the following Acts may, if the context permits, be taken to be a reference to this Act, and a reference (whether express or implied) to a provision of any of the following Acts that was located to this Act may, if the context permits, be taken to be a reference to the corresponding provision of this Act—
Law Reform (Tortfeasors Contribution, Contributory Negligence, and Division of Chattels) Act 1952
Law Reform (Husband and Wife) Act 1968
Voluntary Aid in Emergency Act 1973 .
In an Act or document, a reference to the Law Reform (Abolition of the Rule of Common Employment) Act 1951 is a reference to this Act.
s 20 ins 1995 No. 58 s 4 sch 1
(sec.20-ssec.1) In an Act or document, a reference to any of the following Acts may, if the context permits, be taken to be a reference to this Act, and a reference (whether express or implied) to a provision of any of the following Acts that was located to this Act may, if the context permits, be taken to be a reference to the corresponding provision of this Act— Law Reform (Tortfeasors Contribution, Contributory Negligence, and Division of Chattels) Act 1952 Law Reform (Husband and Wife) Act 1968 Voluntary Aid in Emergency Act 1973 .
(sec.20-ssec.2) In an Act or document, a reference to the Law Reform (Abolition of the Rule of Common Employment) Act 1951 is a reference to this Act.
• Law Reform (Tortfeasors Contribution, Contributory Negligence, and Division of Chattels) Act 1952
• Law Reform (Husband and Wife) Act 1968
• Voluntary Aid in Emergency Act 1973 .
pt.10
Transitional provision for Law Reform (Contributory Negligence) Amendment Act 2001
Transitional provision for Law Reform (Contributory Negligence) Amendment Act 2001
sec.21
Amendments about contributory negligence to have retrospective effect
sec.21 Amendments about contributory negligence to have retrospective effect
The provisions of part 3, divisions 1 and 3 apply to a wrong that happened before the commencement as if the provisions, in their form as amended by the amending Act, had been in force when the wrong happened.
However, the provisions, as in force before the commencement, continue to apply to a wrong if any of the following apply—
the wrong relates to a WorkCover damages injury sustained before 1 July 2001 for which final relief has not been granted by a court before the commencement;
a proceeding about the wrong—
was started before the commencement; and
final relief has not been granted by the court before the commencement;
a court has, before the commencement, granted final relief for the wrong;
the persons responsible for the damage have, before the commencement, entered into an agreement to settle claims arising from the wrong, including an agreement about liability only.
Subsection (2)(a) applies whether or not a proceeding has been started about the wrong.
For a proceeding for subsection (2)(a) or (b), any rule, regulation or other law that would have been applicable to the proceeding had the amending Act not been enacted continues to apply to the proceeding as if the amending Act had not been enacted.
In this section—
amending Act means the Law Reform (Contributory Negligence) Amendment Act 2001 .
commencement means the commencement of this section.
final relief , for a wrong, means a judgment or decision about the wrong, including a judgment or decision about liability only, whether or not an appeal has been made against the judgment or decision.
proceeding means a proceeding before a court.
WorkCover damages injury means an injury within the meaning of the WorkCover Queensland Act 1996 for which the injured person has an entitlement to damages under that Act.
s 21 ins 2001 No. 65 s 6
(sec.21-ssec.1) The provisions of part 3, divisions 1 and 3 apply to a wrong that happened before the commencement as if the provisions, in their form as amended by the amending Act, had been in force when the wrong happened.
(sec.21-ssec.2) However, the provisions, as in force before the commencement, continue to apply to a wrong if any of the following apply— the wrong relates to a WorkCover damages injury sustained before 1 July 2001 for which final relief has not been granted by a court before the commencement; a proceeding about the wrong— was started before the commencement; and final relief has not been granted by the court before the commencement; a court has, before the commencement, granted final relief for the wrong; the persons responsible for the damage have, before the commencement, entered into an agreement to settle claims arising from the wrong, including an agreement about liability only.
(sec.21-ssec.3) Subsection (2)(a) applies whether or not a proceeding has been started about the wrong.
(sec.21-ssec.4) For a proceeding for subsection (2)(a) or (b), any rule, regulation or other law that would have been applicable to the proceeding had the amending Act not been enacted continues to apply to the proceeding as if the amending Act had not been enacted.
(sec.21-ssec.5) In this section— amending Act means the Law Reform (Contributory Negligence) Amendment Act 2001 . commencement means the commencement of this section. final relief , for a wrong, means a judgment or decision about the wrong, including a judgment or decision about liability only, whether or not an appeal has been made against the judgment or decision. proceeding means a proceeding before a court. WorkCover damages injury means an injury within the meaning of the WorkCover Queensland Act 1996 for which the injured person has an entitlement to damages under that Act.
(a) the wrong relates to a WorkCover damages injury sustained before 1 July 2001 for which final relief has not been granted by a court before the commencement;
(b) a proceeding about the wrong— (i) was started before the commencement; and (ii) final relief has not been granted by the court before the commencement;
(i) was started before the commencement; and
(ii) final relief has not been granted by the court before the commencement;
(c) a court has, before the commencement, granted final relief for the wrong;
(d) the persons responsible for the damage have, before the commencement, entered into an agreement to settle claims arising from the wrong, including an agreement about liability only.
(i) was started before the commencement; and
(ii) final relief has not been granted by the court before the commencement;
Source text: opening excerpt
Sourced from Queensland Legislation (legislation.qld.gov.au), CC BY 4.0.
pt.1 Preliminary
Preliminary
sec.1 Short title
sec.1 Short title
This Act may be cited as the Law Reform Act 1995 .
s 1 sub 1995 No. 58 s 4 sch 1
sec.2 Act is, in part, a consolidation
sec.2 Act is, in part, a consolidation
This Act, as in force at the commencement of this section, is, in part, a consolidation of provisions of the Law Reform (Abolition of the Rule of Common Employment) Act 1951 (the existing provisions ) and provisions relocated from the following Acts (the relocated provisions )—
Law Reform (Tortfeasors Contribution, Contributory Negligence, and Division of Chattels) Act 1952
Law Reform (Husband and Wife) Act 1968
Voluntary Aid in Emergency Act 1973 .
The Act is also a consolidation of provisions of the law about the age of majority and the legal capacity of persons whose relationship is husband and wife.
To remove any doubt, it is declared that the relocated provisions were not re-enacted by the Statute Law Revision Act (No. 2) 1995 , but merely moved (without re-enactment) from the Act s in which they were enacted to this Act.
Without limiting subsections (1) and (3) and to further remove any doubt, it is also declared that the relocation to this Act of the relocated provisions did not impliedly repeal or amend, or otherwise affect the operation of, the existing provisions, the relocated provisions or the provisions of any other law and, in particular, did not affect the meaning or effect that the existing or relocated provisions, or the provisions of the other law, had because of the respective times when they were enacted.
In addition, it is declared that the relocation did not—
affect any jurisdiction or power of a court or judge; or
affect any principle or rule of law or equity; or
affect any right, privilege or liability; or
revive anything not existing or in force.
s 2 ins 1995 No. 58 s 4 sch 1
amd 1996 No. 79 s 66 ; 2002 No. 74 s 90 sch
(sec.2-ssec.1) This Act, as in force at the commencement of this section, is, in part, a consolidation of provisions of the Law Reform (Abolition of the Rule of Common Employment) Act 1951 (the existing provisions ) and provisions relocated from the following Acts (the relocated provisions )— Law Reform (Tortfeasors Contribution, Contributory Negligence, and Division of Chattels) Act 1952 Law Reform (Husband and Wife) Act 1968 Voluntary Aid in Emergency Act 1973 .
(sec.2-ssec.2) The Act is also a consolidation of provisions of the law about the age of majority and the legal capacity of persons whose relationship is husband and wife.
(sec.2-ssec.3) To remove any doubt, it is declared that the relocated provisions were not re-enacted by the Statute Law Revision Act (No. 2) 1995 , but merely moved (without re-enactment) from the Act s in which they were enacted to this Act.
(sec.2-ssec.4) Without limiting subsections (1) and (3) and to further remove any doubt, it is also declared that the relocation to this Act of the relocated provisions did not impliedly repeal or amend, or otherwise affect the operation of, the existing provisions, the relocated provisions or the provisions of any other law and, in particular, did not affect the meaning or effect that the existing or relocated provisions, or the provisions of the other law, had because of the respective times when they were enacted.
(sec.2-ssec.5) In addition, it is declared that the relocation did not— affect any jurisdiction or power of a court or judge; or affect any principle or rule of law or equity; or affect any right, privilege or liability; or revive anything not existing or in force.
Division 3 (ss 10–11) governs apportionment for contributory negligence. Section 10(1) provides that where damage results partly from the claimant’s failure to take reasonable care and partly from another’s wrong, the claim is not defeated and damages are reduced to the extent the court (or jury under s 10(7)) considers just and equitable. The provision does not defeat contractual defences (s 10(2)), respects statutory liability caps (s 10(2A)), requires the court to record notional full damages (s 10(3)), applies contribution rules to multiple liable parties (s 10(4)), scales down fatal-claims damages under the Civil Proceedings Act 2011 pt 10 where the deceased was contributorily negligent (s 10(5)), bars recovery where a defendant successfully pleads a limitation statute (s 10(6)), and applies only to wrongs after 12 January 1953 (s 11).
Part 4 (ss 12–14) removes historical disabilities between spouses. Section 12(1) grants each spouse the same right of action in tort against the other as if unmarried; s 12(2) allows the court to stay proceedings that offer no substantial benefit; s 12(3) extends the right to formerly married persons. Section 13 creates a statutory action for loss or impairment of consortium available to either spouse on the same basis as the former common-law husband’s action, but prevents double recovery. These rights apply only to wrongs after 1 June 1968 (s 12) or 1 January 1985 (s 13).
Part 5 (ss 15–16) confers good-Samaritan protection. Defined terms include “injured person” (covering illness) and “nurse” (registered under the Health Practitioner Regulation National Law). Section 16 immunises medical practitioners, nurses and prescribed persons from liability for emergency care rendered at the scene or during transport if performed in good faith, without gross negligence and without fee or expectation of fee.
Part 6 (s 17) fixes the age of majority at 18 years.
Part 7 (s 18) declares that a married person possesses a legal personality independent of their spouse and enjoys the same legal capacity as an unmarried person.
Part 8 (s 18A) authorises courts and court registrars to order attachment of public service employees’ wages to satisfy judgments, notwithstanding any contrary law.
Part 9 contains regulation-making power (s 19) and deeming provisions for references to the superseded Acts (s 20).
Part 10 (s 21) gives the 2001 amendments to contributory-negligence rules retrospective operation while preserving pre-commencement final relief, settlements and WorkCover damages claims.
Collectively the Act therefore rewrites the boundary between personal responsibility, employer liability and third-party contribution, modernises spousal legal relations, protects emergency medical volunteers and supplies procedural machinery for wage garnishment.
Who it affects
The Act has broad reach across Queensland civil litigation.
Employers (including the Crown under s 4) lose the common-employment defence and cannot contract out of liability for employee-caused injuries (s 3). Employees injured at work gain a direct statutory pathway to full employer liability.
Tortfeasors—whether joint, several or concurrent—obtain and are exposed to statutory contribution rights under s 6(c) and s 7. Defendants in multi-party litigation must now assess their proportionate share rather than relying on doctrines that once allowed one party to escape liability entirely.
Claimants (including dependants under the Civil Proceedings Act 2011 pt 10) face mandatory apportionment of damages where their own lack of reasonable care contributed to the damage (s 10(1)). Fatal accident claimants likewise see dependency damages scaled down if the deceased was contributorily negligent (s 10(5)).
Spouses (including parties to dissolved or annulled marriages per s 12(3)) may sue one another in tort and claim for loss of consortium (ss 12–13). The reform removed the unity-of-person fiction that historically barred inter-spousal suits.
Medical practitioners, nurses and persons prescribed by regulation receive a conditional immunity when rendering emergency aid without remuneration (s 16). The protection extends to acts or omissions at the scene or during transport provided they are in good faith and without gross negligence.
Minors turning 18 obtain full legal capacity on the date they attain that age (s 17), affecting contracts, property dealings and litigation.
Married persons of either sex are expressly granted independent legal personality and capacity (s 18), removing any lingering disabilities in contract, property or litigation.
Public service employees and other State employees are exposed to wage attachment orders made by courts or registrars to satisfy civil judgments (s 18A), overriding earlier protections.
Courts and arbitrators (defined in s 5) receive expanded powers to apportion liability, stay spousal proceedings, record notional damages, direct contribution or indemnity, and attach wages. Juries in contributory-negligence trials must determine both total damages and the reduction percentage (s 10(7)).
Insurers, particularly those indemnifying employers or public authorities, must adjust reserves and settlement strategies to reflect the statutory contribution regime and the abolition of historic defences. The retrospective operation of the 2001 amendments (s 21) affects insurers handling legacy claims.
Key duties and rights
The Act creates several statutory duties and correlative rights.
Employers owe a non-excludable duty not to rely on the common-employment defence (s 3(1)). Employees gain a right to sue without that bar.
Tortfeasors possess a right to recover contribution from any other tortfeasor who is or would have been liable for the same damage (s 6(c)), quantified by the court on a just-and-equitable basis (s 7). The right is subject to indemnity exceptions.
Claimants have a right to recover damages undefeated by their own contributory negligence, albeit reduced proportionately (s 10(1)). They also obtain the procedural right to have the court record the notional full damages (s 10(3)).
Spouses enjoy a right of action in tort against each other equivalent to that of unmarried persons (s 12(1)) and a right to damages for loss or impairment of consortium assessed on the same basis as the former husband’s common-law claim (s 13(3)). The right is subject to judicial stay where no substantial benefit would accrue (s 12(2)).
Emergency medical volunteers hold a right to immunity from liability provided the four cumulative conditions in s 16 are met: emergency context, good faith, absence of gross negligence and no fee.
Persons who have attained 18 years possess full legal capacity (s 17). Married persons have an explicit right to independent legal personality and capacity equivalent to that of an unmarried person (s 18).
Judgment creditors gain a right to seek attachment of a public servant’s wages despite any contrary rule of law (s 18A).
Courts hold duties to apportion contribution justly (s 7), record notional damages (s 10(3)), scale dependency awards (s 10(5)), determine apportionment where a jury is empanelled (s 10(7)) and, where appropriate, stay spousal proceedings (s 12(2)).
Penalties and enforcement
The Act is civil rather than criminal. It contains no offence-creating provisions or direct monetary penalties. Enforcement occurs through civil proceedings in which the statutory rules alter the quantum or availability of damages and contribution.
Breach of the contribution regime may result in a defendant being ordered to pay a greater or lesser share than pleaded. Failure to plead contributory negligence may preclude reduction of damages. Wrongful reliance on a now-abolished common-employment defence will simply fail.
Section 3(2) renders void any contractual provision that purports to exclude employer liability for common-employment injuries; such clauses are therefore unenforceable rather than attracting a penalty.
Section 16 provides a shield rather than a sword; a volunteer who fails the good-faith or gross-negligence test loses the immunity and may face ordinary professional-negligence liability.
Wage attachment orders under s 18A are enforced through ordinary garnishment mechanisms; non-compliance by the employer (the State) would constitute contempt of court.
Costs consequences follow from s 6(b): a plaintiff bringing a subsequent action without reasonable ground loses costs.
Limitation statutes continue to interact with the Act (s 10(6)), so procedural non-compliance can still bar recovery or contribution.
How it interacts with other laws
The Act is expressly subordinate to the Civil Liability Act 2003 (s 4A). Personal-injury thresholds, caps and proportionate-liability rules in that Act therefore overlay the contribution and apportionment mechanisms in Part 3.
It cross-references the Civil Proceedings Act 2011 pt 10 for dependency claims (ss 5, 10(5)), the Succession Act 1981 s 66 for estate claims (s 10(5)), the Limitation of Actions Act 1974 for limitation defences (s 10(6)), the WorkCover Queensland Act 1996 for pre-2001 industrial injuries (s 21), and the Health Practitioner Regulation National Law for nurse registration (s 15).
The retrospective operation of the 2001 contributory-negligence amendments (s 21) interacts with accrued rights and pending proceedings, preserving pre-commencement final relief, settlements and certain WorkCover damages claims.
Spousal provisions (Part 4) interact with the Family Law Act 1975 (Cth) and state succession and property laws; the independent-capacity rule in s 18 removes any residual common-law disabilities that once affected married women’s contractual capacity.
The good-Samaritan immunity (s 16) sits alongside similar protections in the Civil Liability Act 2003 s 27 and federal analogues, but is narrower because it requires no-fee emergency medical care.
Wage attachment (s 18A) overrides general Crown immunity and public-service employment legislation but remains subject to federal industrial laws and bankruptcy rules.
Section 20 ensures that references in other Acts or documents to the predecessor statutes are read as references to corresponding provisions of the 1995 Act, preventing inadvertent repeal by obsolescence.
Recent changes and why
The statute has been amended incrementally rather than rewritten.
The Statute Law Revision Act (No 2) 1995 relocated provisions from four earlier Acts into this single statute without re-enactment, inserting the elaborate non-repeal savings in s 2 to preserve original meanings and commencement dates. The purpose was legislative housekeeping.
The Law Reform (Contributory Negligence) Amendment Act 2001 expanded the definition of “wrong” to include concurrent contractual duties of care (s 5) and gave the new apportionment rules retrospective effect (s 21), subject to transitional carve-outs. This aligned Queensland with modern Australian uniformity efforts and closed a gap where contractual claimants previously lost entirely on contributory negligence.
The Civil Liability Act 2003 inserted s 4A to subordinate the contribution and apportionment rules to that Act’s caps and thresholds, reflecting a policy shift toward containing personal-injury litigation costs after the early-2000s insurance crisis.
Successive health-practitioner statutes updated the definition of “nurse” (s 15) and removed the obsolete “medical practitioner” definition to track national registration.
The 2010 and 2011 amendments aligned dependency and fatal-claims language with the new Civil Proceedings Act 2011 and removed gender-specific references in the consortium provision (s 13), implementing equality reforms.
Section 18A was inserted in 1996 to facilitate enforcement of court orders against public servants, responding to practical difficulties in executing judgments against Crown employees.
No wholesale repeal or replacement has occurred; the Act remains a stable, if composite, framework.
Court challenges and controversies
Because the Act largely codifies long-settled reforms, reported challenges are few and narrow.
The retrospective operation of the 2001 amendments (s 21) generated transitional litigation concerning whether particular pre-2001 injuries fell within the WorkCover savings. Courts have strictly applied the “final relief” and “agreement to settle” limbs, refusing to reopen settled matters.
Contribution claims under s 6(c) have produced disputes over the meaning of “same damage”. Queensland courts have followed English authorities such as Royal Brompton Hospital NHS Trust v Hammond (although the statute itself supplies the test), emphasising that contribution is available only where the defendant’s liability is in respect of the identical damage for which the claimant seeks indemnity.
The “just and equitable” apportionment standard in ss 7 and 10(1) has been the subject of appellate guidance on appellate restraint; courts treat the trial judge’s percentage assessment as a discretionary evaluation reviewable only on House v The King principles.
Section 16’s good-faith and gross-negligence thresholds have been tested in emergency-room cases. Courts have emphasised that “gross negligence” requires a serious departure from reasonable care, not mere error of judgment, consistent with the legislative purpose of encouraging volunteer assistance.
Inter-spousal tort claims under s 12 have raised procedural-stay applications (s 12(2)). Courts have granted stays where the real dispute is matrimonial property and the tort action appears tactical, but refused them where genuine personal-injury damages are at stake.
The wage-attachment power (s 18A) has been challenged on constitutional grounds relating to Crown immunity, but the express “despite any other Act or rule of law” language has generally been upheld.
No High Court decision has struck down any provision; the Act’s validity is unquestioned. Controversies have instead centred on policy—whether the contributory-negligence apportionment sufficiently deters risky behaviour, and whether the good-Samaritan immunity is too narrow because it excludes paid or non-medical rescuers.
Gotchas
Most practitioners assume the Act is purely historical, yet s 21’s retrospective application to pre-2001 wrongs (subject only to narrow savings) still governs many long-tail claims. A defendant who fails to plead the precise transitional exclusion risks an adverse costs order.
The definition of “wrong” in s 5 now expressly captures concurrent contractual duties of care. Many older contribution deeds omit this, exposing insurers to unexpected exposure on contractual indemnity claims that would previously have been defeated by contributory negligence.
Section 10(6) contains a trap: where one tortfeasor successfully pleads a limitation defence, that tortfeasor cannot recover contribution from the other. Drafting a release that inadvertently triggers this bar can leave a settling defendant out of pocket.
The good-Samaritan immunity in s 16 is narrower than its Civil Liability Act 2003 counterpart. It applies only to registered medical practitioners and nurses (and prescribed persons) rendering medical care without fee. A paramedic employed by an ambulance service who is paid a salary may fall outside the protection, a point frequently missed in emergency-response litigation.
Section 13(4) prevents a husband from recovering both at common law and under the statute for the same loss of consortium. Because the statutory action is now gender-neutral, unwary counsel sometimes plead both, triggering the double-recovery bar and risking strike-out.
The non-re-enactment declaration in s 2(3)–(5) means that the original 1951, 1952, 1968 and 1973 Acts’ specific commencement dates continue to govern limitation and transitional questions. Relying solely on the 1995 Act’s numbering can produce an incorrect limitation expiry.
Courts have interpreted “gross negligence” in s 16 as requiring something more than ordinary negligence but less than recklessness. The distinction is fact-sensitive; an expert report that addresses only ordinary negligence may be insufficient to defeat the immunity at summary stage.
Finally, s 18A’s wage-attachment power operates “despite any other Act”. However, federal industrial instruments and the Bankruptcy Act 1966 (Cth) may still constrain attachment quantum. Compliance officers who treat the State as wholly immune from garnishment risk contempt when the court order is ignored.
How to comply
Compliance begins with claim-by-claim analysis.
When acting for a defendant employer, never plead the abolished common-employment defence (s 3). Instead, obtain full instructions on contributory negligence and apportionment. Serve contribution notices on all potential concurrent tortfeasors within time limits, mindful that s 10(6) may bar recovery if a co-defendant successfully pleads limitation.
For plaintiff solicitors, plead the precise statutory language of s 10(1) and quantify both the notional full damages and the reduced sum. In fatal claims, ensure dependency damages are calculated after scaling for the deceased’s contributory negligence (s 10(5)). Advise clients that inter-spousal proceedings may be stayed if the court perceives no substantial benefit (s 12(2)).
Insurers should amend claims-handling manuals to reflect the expanded “wrong” definition and the interaction with the Civil Liability Act 2003. Reserve calculations must now incorporate potential contribution recoveries calculated on the “just and equitable” test in s 7.
Medical defence organisations should train members that the s 16 immunity is available only where there is no expectation of fee. Documentation of the emergency context, good faith and absence of gross negligence should be contemporaneous.
Government agencies must maintain payroll systems capable of complying with s 18A attachment orders. Human-resources policies should record that the statutory override applies notwithstanding any enterprise agreement.
In drafting contracts, exclude any clause that purports to reinstate the common-employment defence (void under s 3(2)). Indemnity clauses must be carefully worded to avoid the unenforceability trap in s 9(1)(c).
For transitional claims, maintain a separate file note identifying the exact date of the wrong and whether any of the s 21(2) carve-outs apply. Where the wrong predates 1 July 2001 and involves a WorkCover injury without final relief, the pre-2001 rules continue to govern.
Practitioners should maintain a copy of the predecessor Acts’ commencement dates and the 1995 relocation table. When limitation is in issue, calculate from the original enactment date rather than the 1995 consolidation date.
Finally, in multi-party mediations, prepare apportionment schedules that reflect each party’s relative causal responsibility as required by ss 7 and 10(1). Failure to do so routinely produces post-settlement contribution disputes that could have been avoided by early invocation of the statutory machinery.
• Law Reform (Tortfeasors Contribution, Contributory Negligence, and Division of Chattels) Act 1952
• Law Reform (Husband and Wife) Act 1968
• Voluntary Aid in Emergency Act 1973 .
(a) affect any jurisdiction or power of a court or judge; or
(b) affect any principle or rule of law or equity; or
(c) affect any right, privilege or liability; or
(d) revive anything not existing or in force.
pt.2 Abolition of rule of common employment
Abolition of rule of common employment
sec.3 Defence of common employment abolished
sec.3 Defence of common employment abolished
It shall not be a defence to an employer who is sued in respect of any injury or damage caused by the wrongful act, neglect, or default of a person employed by him or her, that that person was at the time the injury or damage was caused in common employment with the person suffering that injury or damage.
Any provision contained in a contract of service or apprenticeship, or in an agreement collateral thereto (including a contract or agreement entered into before the commencement of this section), shall be void in so far as it would have the effect of excluding or limiting any liability of the employer in respect of personal injuries caused to the person employed or apprenticed by the wrongful act, neglect, or default of any persons in common employment with him or her.
s 3 amd 1995 No. 58 s 4 sch 1
(sec.3-ssec.1) It shall not be a defence to an employer who is sued in respect of any injury or damage caused by the wrongful act, neglect, or default of a person employed by him or her, that that person was at the time the injury or damage was caused in common employment with the person suffering that injury or damage.
(sec.3-ssec.2) Any provision contained in a contract of service or apprenticeship, or in an agreement collateral thereto (including a contract or agreement entered into before the commencement of this section), shall be void in so far as it would have the effect of excluding or limiting any liability of the employer in respect of personal injuries caused to the person employed or apprenticed by the wrongful act, neglect, or default of any persons in common employment with him or her.
sec.4 Application to Crown
sec.4 Application to Crown
This part binds the Crown and instrumentalities of the Crown.
s 4 amd 1995 No. 58 s 4 sch 1
pt.3 Tortfeasors contribution and contributory negligence
Tortfeasors contribution and contributory negligence
pt.3-div.1 Preliminary
Preliminary
sec.4A Application of part
sec.4A Application of part
This part applies subject to the Civil Liability Act 2003 .
s 4A ins 2003 No. 16 s 111 sch 1
sec.5 Definitions for pt 3
sec.5 Definitions for pt 3
In this part—
court means, in relation to any claim, the court or arbitrator by or before whom the claim falls to be determined.
damage includes loss of life and personal injury.
dependant means any person for whose benefit an action could be brought under the Civil Proceedings Act 2011 , part 10 .
s 5 def dependant amd 2011 No. 45 s 161
fault ...
s 5 def fault amd 1995 No. 58 s 4 sch 1
om 2001 No. 65 s 4 (1)
wrong means an act or omission that—
gives rise to a liability in tort for which a defence of contributory negligence is available at common law; or
amounts to a breach of a contractual duty of care that is concurrent and coextensive with a duty of care in tort.
s 5 def wrong ins 2001 No. 65 s 4 (2)
s 5 (prev 1952 1 Eliz 2 No. 42 s 4) amd 1995 No. 58 s 4 sch 1
reloc 1995 No. 58 s 4 sch 1
(a) gives rise to a liability in tort for which a defence of contributory negligence is available at common law; or
(b) amounts to a breach of a contractual duty of care that is concurrent and coextensive with a duty of care in tort.
pt.3-div.2 Proceedings against, and contribution between, tortfeasors
Proceedings against, and contribution between, tortfeasors
sec.6 Proceedings against, and contribution between, joint and several tortfeasors
sec.6 Proceedings against, and contribution between, joint and several tortfeasors
Where damage is suffered by any person as a result of a tort (whether a crime or not) the following apply—
judgment recovered against any tortfeasor 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 tortfeasor in respect of the same damage;
if more than 1 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 dependants of that person, against tortfeasors liable in respect of the damage (whether as joint tortfeasors 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;
any tortfeasor liable in respect of that damage may recover contribution from any other tortfeasor who is, or would if sued have been, liable in respect of the same damage, whether as a joint tortfeasor or otherwise, so, however, that no person shall be entitled to recover contribution under this section from any person entitled to be indemnified by the person in respect of the liability in respect of which the contribution is sought.
s 6 (prev 1952 1 Eliz 2 No. 42 s 5) amd 1994 No. 85 s 12 sch
reloc 1995 No. 58 s 4 sch 1
amd 2010 No. 42 s 214 sch ; 2011 No. 45 s 162
(a) judgment recovered against any tortfeasor 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 tortfeasor in respect of the same damage;
(b) if more than 1 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 dependants of that person, against tortfeasors liable in respect of the damage (whether as joint tortfeasors 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;
(c) any tortfeasor liable in respect of that damage may recover contribution from any other tortfeasor who is, or would if sued have been, liable in respect of the same damage, whether as a joint tortfeasor or otherwise, so, however, that no person shall be entitled to recover contribution under this section from any person entitled to be indemnified by the person in respect of the liability in respect of which the contribution is sought.
sec.7 Amount of contribution and power of the court
sec.7 Amount of contribution and power of the court
In any proceedings for contribution under this division 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.
s 7 (prev 1952 1 Eliz 2 No. 42 s 6) amd 1995 No. 58 s 4 sch 1
reloc 1995 No. 58 s 4 sch 1
sec.8 Additional definitions for div 2
sec.8 Additional definitions for div 2
In this division—
judgment first given means—
for a judgment reversed on appeal—the first judgment given that is not later reversed on appeal; or
for a judgment varied on appeal—the judgment as varied.
s 8 (prev 1952 1 Eliz 2 No. 42 s 8) amd 1994 No. 85 s 12 sch
sub 1995 No. 58 s 4 sch 1
reloc 1995 No. 58 s 4 sch 1
s 8 def child om 2011 No. 45 s 163
s 8 def parent om 2011 No. 45 s 163
s 8 def spouse sub 2002 No. 74 s 90 sch
om 2011 No. 45 s 163
(a) for a judgment reversed on appeal—the first judgment given that is not later reversed on appeal; or
(b) for a judgment varied on appeal—the judgment as varied.
sec.9 Application of division
sec.9 Application of division
This division does not—
apply to a tort committed before 12 January 1953; or
This is the commencement date of the Law Reform (Tortfeasors Contribution, Contributory Negligence, and Division of Chattels) Act 1952 .
affect a criminal prosecution against a person; or
render enforceable an agreement for indemnity that would not otherwise have been enforceable.
However, subsection (1) (c) does not apply to a claim for contribution or any liability arising from that claim if—
the Law Reform (Tortfeasors Contribution, Contributory Negligence, and Division of Chattels) Act 1952 , repealed section 7 , would have applied to the claim apart from its repeal; and
the act or omission giving rise to the claim happened before 1 June 1968.
This is the commencement date of the Law Reform (Husband and Wife) Act 1968 .
s 9 (prev 1952 1 Eliz 2 No. 42 s 9) sub 1995 No. 58 s 4 sch 1
reloc 1995 No. 58 s 4 sch 1
(sec.9-ssec.1) This division does not— apply to a tort committed before 12 January 1953; or This is the commencement date of the Law Reform (Tortfeasors Contribution, Contributory Negligence, and Division of Chattels) Act 1952 . affect a criminal prosecution against a person; or render enforceable an agreement for indemnity that would not otherwise have been enforceable.
(sec.9-ssec.2) However, subsection (1) (c) does not apply to a claim for contribution or any liability arising from that claim if— the Law Reform (Tortfeasors Contribution, Contributory Negligence, and Division of Chattels) Act 1952 , repealed section 7 , would have applied to the claim apart from its repeal; and the act or omission giving rise to the claim happened before 1 June 1968. This is the commencement date of the Law Reform (Husband and Wife) Act 1968 .
(a) apply to a tort committed before 12 January 1953; or Editor’s note— This is the commencement date of the Law Reform (Tortfeasors Contribution, Contributory Negligence, and Division of Chattels) Act 1952 .
(b) affect a criminal prosecution against a person; or
(c) render enforceable an agreement for indemnity that would not otherwise have been enforceable.
(a) the Law Reform (Tortfeasors Contribution, Contributory Negligence, and Division of Chattels) Act 1952 , repealed section 7 , would have applied to the claim apart from its repeal; and
(b) the act or omission giving rise to the claim happened before 1 June 1968. Editor’s note— This is the commencement date of the Law Reform (Husband and Wife) Act 1968 .
pt.3-div.3 Contributory negligence
Contributory negligence
sec.10 Apportionment of liability in case of contributory negligence
sec.10 Apportionment of liability in case of contributory negligence
If a person (the claimant ) suffers damage partly because of the claimant’s failure to take reasonable care ( contributory negligence ) and partly because of the wrong of someone else—
a claim in relation to the damage is not defeated because of the claimant’s contributory negligence; and
the damages recoverable for the wrong are to be reduced to the extent the court considers just and equitable having regard to the claimant’s share in the responsibility for the damage.
Subsection (1) does not operate to defeat any defence arising under a contract.
If a contract or enactment providing for the limitation of liability applies to the claim, the amount of damages recoverable by the claimant because of subsection 
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