What it does
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.