Proportionate liability

Eligibility - Queensland citizens
Principal Petitioner:
Lynda Worrell
28 Gardenvale Drive
Coes Creek Qld 4560
Total Signatures - 142
Sponsoring Member: Fiona Simpson MP
Posting Date: 20/2/2003
Closing Date: 9/3/2003
Tabled Date: 25/3/2003
Responded By: Responded Minister on 23/5/2003
TO: The Honourable the Speaker and Members of the Legislative Assembly of Queensland
The citizens of Queensland draw to the attention of the House, that under the current law of Joint and Several Liability, if you have a number of defendants and you can prove that one or more of them were at fault, you can claim the entire amount owed to you from those defendants who are at fault. If one defendant has paid your entire claim they can ask for a contribution from the other defendants. Therefore, they would not necessarily have to pay the entire amount of the judgment. With the introduction of Proportionate Liability, it means that not only do you have to sue everyone who could possibly be liable, but you must also prove the extent to which they are liable. Victims are often not aware of every party to a crime. Also, if a wrongdoer is in liquidation then all the others will no doubt point the finger at them as being the one most responsible in an attempt to reduce their individual liability. Your petitioners, therefore, request the House to refuse to pass this bill which will result in victims of crime being forced to embark on litigation which will be more costly, time consuming and risky.