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

(1) Nothing in this Subdivision operates to exclude the liability of a concurrent wrongdoer (an excluded concurrent wrongdoer) in proceedings involving a claim under subsection 58FZC(1) to recover an amount of loss or damage if:

(a) the concurrent wrongdoer intended to cause the loss or damage; or

(b) the concurrent wrongdoer fraudulently caused the loss or damage.

(2) The liability of an excluded concurrent wrongdoer is to be determined in accordance with the legal rules (if any) that (apart from sections 58FZD to 58FZK) 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 other provisions of this Subdivision.

Related sections

• s 58FZB — Other powers of the Court unaffected
• s 58FZC — Actions for damages—general rule
• s 58FZD — Meaning of concurrent wrongdoers
• s 58FZF — Proportionate liability for claims involving concurrent wrongdoers
• s 58FZG — Defendant to notify plaintiff of concurrent wrongdoer of whom defendant aware
• s 58FZH — Contribution not recoverable from defendant

Research how courts apply s 58FZE

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