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

If:

(a) a person (the claimant) makes a claim under subsection 236(1) of the Australian Consumer Law in relation to economic loss, or damage to property, suffered by the claimant because of the conduct of another person; and

(b) the conduct contravened section 18 of the Australian Consumer Law; and

(c) the claimant suffered the loss or damage as result:

(i) partly of the claimant’s failure to take reasonable care; and

(ii) partly of the conduct of the other person; and

(d) the other person did not intend to cause the loss or damage and did not fraudulently cause the loss or damage;

the amount of the loss or damage that the claimant may recover under subsection 236(1) of the Australian Consumer Law is to be reduced to the extent to which a court thinks just and equitable having regard to the claimant’s share in the responsibility for the loss or damage.

Related sections

• s 136B — Powers of judges
• s 137 — Limit on occupational liability
• s 137A — Contributory acts or omissions to reduce compensation in defective goods actions
• 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
• s 137E — Limits on compensation orders etc. for death or personal injury

Research how courts apply s 137B

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