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AUSTRALIAN SECURITIES AND INVESTMENTS COMMISSION ACT 2001 - SECT 12GQ

Certain concurrent wrongdoers not to have benefit of apportionment

  (1)   Nothing in this Subdivision operates to exclude the liability of a concurrent wrongdoer (an excluded concurrent wrongdoer ) in proceedings involving an apportionable claim if:

  (a)   the concurrent wrongdoer intended to cause the economic loss or damage to property that is the subject of the claim; or

  (b)   the concurrent wrongdoer fraudulently caused the economic loss or damage to property that is the subject of the claim.

  (2)   The liability of an excluded concurrent wrongdoer is to be determined in accordance with the legal rules (if any) that (apart from this Subdivision) are relevant.

  (3)   The liability of any other concurrent wrongdoer who is not an excluded concurrent wrongdoer is to be determined in accordance with the provisions of this Subdivision.


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