Section 58FZD — Competition and Consumer Act 2010 (Cth)

(1) In this Subdivision, a concurrent wrongdoer, in relation to a claim under subsection 58FZC(1), is a person who is one of 2 or more persons:

(a) who each contravened a civil penalty provision of an SPF principle or a civil penalty provision of an SPF code (whether or not the same civil penalty provision); and

(b) whose contraventions caused, independently of each other or jointly, the loss or damage that is the subject of the claim.

(2) For the purposes of this Subdivision, a person can be a concurrent wrongdoer if the person is insolvent, is being wound up or has ceased to exist or died.

Related sections

• s 58FZA — Applying for injunctions
• s 58FZB — Other powers of the Court unaffected
• s 58FZC — Actions for damages—general rule
• s 58FZE — Certain concurrent wrongdoers not to have benefit of apportionment
• s 58FZF — Proportionate liability for claims involving concurrent wrongdoers
• s 58FZG — Defendant to notify plaintiff of concurrent wrongdoer of whom defendant aware

Research how courts apply s 58FZD

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