Proportionate accountability regimes covering absolute monetary loss and you can assets damage was delivered to regarding the Municipal Responsibility Amendment (Personal Obligation) Operate 2002 (NSW) sch 1 pt cuatro, amending Civil Responsibility Act 2002 (NSW), along with the fresh new Municipal Liability Modification Work 2003 (WA) pt 1F, amending Municipal Liability Operate 2002 (WA)
(143) Cane, ‘Retribution, Proportionality, and you will Moral Luck in Tort Law’, above letter 8, 142-3, 163-4; Hart, Discipline and Obligations, more than n 58, 134-5.
(145) is actually Pty Ltd (1991) 171 CLR 506, 509 (Mason CJ); Medlin v State government Insurance rates Fee (1995) 182 CLR step one, 6-eight (Deane, Dawson, Toohey and Gaudron JJ). Mention, however, one for the majority jurisdictions, in which the defendant’s neglect can’t be dependent once the a great ‘necessary’ condition into occurrence of your harm, the new courtroom is to consider, amongst almost every other relevant activities, if responsibility might be imposed on the defendant: select Civil law (Wrongs) Act 2002 (ACT) s 45; Municipal Liability Act 2002 (NSW) s 5D; Municipal Accountability Operate 2003 (Qld) s 11; Civil Responsibility Operate 2002 (Tas) s thirteen; Wrongs Work 1958 (Vic) s 51; Civil Accountability Operate 2002 (WA) s 5C.