Law Reform (Contributory Negligence and Tortfeasors' Contribution) Act 1947 (WA)

Western Australia Law Reform (Contributory Negligence and Tortfeasors' Contribution) Act 1947 Western Australia Law Reform (Contributory Negligence and Tortfeasors' Contribution) Act 1947 Contents Part 1 — Preliminary 1. Short title 1 3. Terms used 1 Part 2 — Contributory negligence — Amendment of the law 3A. Claims etc. founded on etc. negligence, construction of references to 1 4. Contributory negligence, court may reduce plaintiff's damages 1 5. Effect of s. 4(1) where 2 or more persons are liable to pay damages 1 6. Effect of s. 4(1) on party's right to recover workers' compensation 1 Part 3 — Contribution between tortfeasors 7. Rules applicable if there are 2 or more tortfeasors 1 Part 4 — General 8. Person not liable due to limitation period not entitled to benefit of s. 4(1) 1 9. Application of this Act 1 Notes Compilation table 1 Other notes 1 Defined terms Western Australia Law Reform (Contributory Negligence and Tortfeasors' Contribution) Act 1947 An Act relating to the common law doctrine of contributory negligence; and to the liability of joint and several tortfeasors to make contribution in damages.

Part 1 — Preliminary [Heading inserted: No. 19 of 2010 s. 46(2).]

1. Short title This Act may be cited as the Law Reform (Contributory Negligence and Tortfeasors' Contribution) Act 1947. [2. Omitted under the Reprints Act 1984 s. 7(4)(f).]

3. Terms used In this Act, subject to the context — action includes an arbitration; court includes an arbitrator; defendant includes — (a) a party to an action against whom a counter‑claim is made in the action; and (b) a person for whose act the defendant or such party was vicariously responsible; Fatal Accidents Act means the Imperial Act 9 and 10 Victoriae Cap. 93 (as adopted) as amended by Act No. 37 of 1900, or any Act now or hereafter in force in substitution for or amending the same 1; negligence includes breach of statutory duty; plaintiff includes — (a) a party to an action who makes a counter‑claim in the action; and (b) a person for whose act the plaintiff or such party was vicariously responsible; workers' compensation includes all sums and benefits recoverable under the Workers Compensation and Injury Management Act 2023. [Section 3 amended: No. 42 of 2004 s. 175; No. 21 of 2023 s. 709(2).]