5Application of Act

5 Application of Act

(1)  This Act does not apply to liability for damages arising from any of the following:

(a) the death of, or personal injury to, a person;

(b) [Section 5 Subsection (1) amended by No. 66 of 2007, Sched. 1, Applied:31 Dec 2008] any negligence or other fault of an Australian legal practitioner in acting for a client in a personal injury claim;

(c) a breach of trust;

(d) fraud or dishonesty;

(e) an intentional tort.

(2)  This Act does not apply to liability which may be the subject of proceedings under Division 2 of Part XI of the Land Titles Act 1980 .

(3)  This Act does not apply to any cause of action arising under, or with respect to, a contract, or contractual relations, entered into before the commencement of this Act (whether or not the action lies in contract) unless the parties, after the commencement of this Act, vary the relevant contract so as to make express provision for the application of this Act.

(4)  [Section 5 Subsection (4) inserted by No. 49 of 2016, s. 5, Applied:24 Nov 2016] This Act does not apply to any cause of action (whether or not the action lies in contract) arising under, or with respect to, a contract, or contractual relations –

(a) entered into by a member of a scheme approved under section 8 if that member entered into the contract or contractual relations after the commencement of this Act but before that scheme commenced; or

(b) entered into by a person before that person became a member of a scheme that, at the time the person became a member, had commenced –

unless the parties, after the commencement of the scheme, vary the relevant contract, or relevant contractual relations, so as to make express provision for the application of this Act.

(5)  This section applies to an interstate scheme in its operation in Tasmania despite a corresponding law that applies to the interstate scheme in another jurisdiction stating that the corresponding law does apply to a liability of a kind referred to in or .