Proportionate Liability Model Provisions

The Proportionate Liability Model Provisions [PDF, 88KB] (PDF, 87.4 KB) were developed as an outcome of a project by the former Standing Council on Law and Justice. Proportionate liability means that if two or more wrongdoers contributed to a plaintiff's loss, they are only liable to pay compensation for the proportion of damage they caused. Proportionate liability was first introduced in NSW in 2002 as part of national civil liability reforms to address rising insurance costs. The Model Provisions were developed in response to concerns about differences between proportionate liability legislation in each Australian jurisdiction and the operation of particular provisions.

In October 2013 the former Standing Council on Law and Justice agreed to consider introducing the Model Provisions in their jurisdictions.

The Department of Justice consulted on the Model Provisions in the first half of 2014 to help inform whether they should be wholly or partially implemented in NSW. Submissions received are available for download:

• Australian Institute of Architects [PDF document, 204 KB] (PDF, 204.6 KB)  
• Australian Institute of Conveyancers (NSW Division) [PDF document, 28 KB] (PDF, 26.1 KB) 
• Australian Property Institute [PDF document, 404 KB] (PDF, 405.0 KB)
• Australian Property Institute Attachment [PDF document, 400 KB] (PDF, 397.5 KB) 
• Chartered Institute of Arbitrators [PDF document, 464 KB] (PDF, 467.9 KB) 
• Chartered Institute of Arbitrators Attachment [PDF document, 928 KB] (PDF, 930.5 KB)
• Consult Australia [PDF document, 852 KB] (PDF, 850.5 KB) 
• Finity Consulting [PDF document, 120 KB] (PDF, 119.4 KB) 
• Housing Industry Association [PDF document, 1.69 MB] (PDF, 1.7 MB) 
• Institute of Arbitrators and Mediators [Word document, 108 KB] (DOC, 121.0 KB) 
• Institute of Chartered Accountants Australia [PDF document, 396 KB] (PDF, 395.6 KB) 
• Insurance Council of Australia [PDF document, 188 KB] (PDF, 187.1 KB) 
• Law Society of NSW [PDF document, 268 KB] (PDF, 268.1 KB) 
• Liability Reform Steering Group [PDF document, 188 KB] (PDF, 187.9 KB) 
• Liability Reform Steering Group Attachment [PDF document, 28 KB] (PDF, 26.0 KB) 
• Local government NSW [PDF document, 872 KB] (PDF, 871.3 KB)
• McCabes Lawyers [PDF document, 276 KB] (PDF, 274.6 KB) 
• Professional Standards Councils [PDF document, 260 KB] (PDF, 257.1 KB) 
• Roads and Maritime Services [PDF document, 56 KB] (PDF, 55.2 KB) 
• Small Business Commissioner [PDF document, 76 KB] (PDF, 74.7 KB) 
• Supreme Court of NSW [PDF document, 1.17 MB] (PDF, 1.2 MB) 
• Transport NSW [PDF document, 732 KB] (PDF, 731.2 KB)

If you would like to access the submissions in an alternative format please contact Justice Policy on telephone (02) 8061 9221 or policy@justice.nsw.gov.au . If you are hearing or speech impaired you can contact us via the National Relay Service on 133 677.