Section 137A — Competition and Consumer Act 2010 (Cth)

(1) If the loss or damage to which a defective goods action under section 138 or 139 of the Australian Consumer Law relates was caused by both:

(a) an act or omission of:

(i) the individual who suffers the injuries referred to in that section; or

(ii) a person for whom that individual is responsible; and

(b) a safety defect of the goods to which the action relates;

the amount of the loss or damage is to be reduced to such extent (which may be to nil) as the court thinks fit having regard to that individual’s share in the responsibility for the loss or damage.

(2) If the loss or damage to which a defective goods action under section 140 or 141 of the Australian Consumer Law relates was caused by both:

(a) an act or omission of:

(i) the person who suffered the loss or damage; or

(ii) another person for whom that person is responsible; and

(b) a safety defect of the goods to which the action relates;

the amount of the loss or damage is to be reduced to such extent (which may be to nil) as the court thinks fit having regard to the person’s share in the responsibility for the loss or damage.

Related sections

• s 136A — Offence relating to warrants by telephone, fax etc.
• s 136B — Powers of judges
• s 137 — Limit on occupational liability
• s 137B — Reduction of the amount of loss or damage if the claimant fails to take reasonable care
• s 137C — Limits on recovery of amounts for death or personal injury
• s 137D — Compensation orders etc. arising out of unconscionable conduct or unfair contract term

Research how courts apply s 137A

BriefBridge searches Australian caselaw by meaning — every answer cited to the paragraph.