![]() ![]() (a1) section 15B (Damages for loss of capacity to provide domestic services), except in relation to a motor accident to which the Motor Accident Injuries Act 2017 applies, (a) Divisions 1-4 and 8 of Part 1A (Negligence), (2) The following provisions apply to motor accidents: (h) civil liability for financial assistance for economic loss under the Victims Rights and Support Act 2013 –the whole Act. (g) civil liability for compensation under the Workers Compensation Act 1987, the Workers Compensation (Bush Fire, Emergency and Rescue Services) Act 1987, the Workers’ Compensation (Dust Diseases) Act 1942 or the Anti-Discrimination Act 1977 or a benefit payable under the Sporting Injuries Insurance Act 1978 –the whole Act, (f) civil liability relating to an award to which Division 3 of Part 5 of the Workers Compensation Act 1987 applies–the whole Act (other than Part 1B), (e1) civil liability relating to an award to which Part 4 of the Motor Accident Injuries Act 2017 applies-the whole Act except the provisions that subsection (2) provides apply to motor accidents, (e) civil liability relating to an award to which Chapter 5 of the Motor Accidents Compensation Act 1999 applies (including an award to and in respect of which that Chapter applies pursuant to section 121 (Application of common law damages for motor accidents to railway and other public transport accidents) of the Transport Administration Act 1988)–the whole Act except the provisions that subsection (2) provides apply to motor accidents, (d) civil liability relating to an award to which Part 6 of the Motor Accidents Act 1988 applies–the whole Act except the provisions that subsection (2) provides apply to motor accidents, (c) civil liability relating to an award of personal injury damages (within the meaning of Part 2) where the injury or death concerned resulted from smoking or other use of tobacco products–the whole Act except section 15B and section 18 (1) (in its application to damages for any loss of the kind referred to in section 18 (1) (c)), (b) civil liability in proceedings of the kind referred to in section 11 (Claims for damages for dust diseases etc to be brought under this Act) of the Dust Diseases Tribunal Act 1989 –the whole Act except sections 15A and 15B and section 18 (1) (in its application to damages for any loss of the kind referred to in section 18 (1) (c)), (iii) Part 2A (Special provisions for offenders in custody), (ii) Part 7 (Self-defence and recovery by criminals) in respect of civil liability in respect of an intentional act that is done with intent to cause injury or death, and (i) section 15B and section 18 (1) (in its application to damages for any loss of the kind referred to in section 18 (1) (c)), and (ia) Part 1B (Child abuse-liability of organisations), and (a) civil liability of a person in respect of an intentional act that is done by the person with intent to cause injury or death or that is sexual assault or other sexual misconduct committed by the person–the whole Act except: (1) The provisions of this Act do not apply to or in respect of civil liability (and awards of damages in those proceedings) as follows: Rather, all that matters is that the contractual indemnity is inconsistent with the provisions of Part 4. Section 3A does not require any particular form of wording to effect a contracting out and no reference needs to be made to the Act. ![]() ![]() Accordingly, s 3A(2) of the Act applied, the apportionment provision was inapplicable and the respondent’s liability was not limited. The relevant clause made express provision for the rights and liabilities of the parties under the contract and was inconsistent with the application of the apportionment provision in Part 4 of the Act. There was a question as to whether the parties had made express provision for their rights, obligations and liabilities in a manner which differed from that provided by Part 4 of the Act so as to attract the application of s 3A(2). It submitted that its liability was limited by the apportionment provision contained in s 35 of the Act. The respondent was found liable for a breach of its obligations of care under a mortgage origination deed. ![]()
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