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

(1) If:

(a) a defendant in proceedings involving a claim under subsection 58FZC(1) has reasonable grounds to believe that a particular person (the other person) may be a concurrent wrongdoer in relation to the claim; and

(b) the defendant fails to give the plaintiff, as soon as practicable, written notice of the information that the defendant has about:

(i) the identity of the other person; and

(ii) the circumstances that may make the other person a concurrent wrongdoer in relation to the claim; and

(c) the plaintiff unnecessarily incurs costs in the proceedings because the plaintiff was not aware that the other person may be a concurrent wrongdoer in relation to the claim;

the court hearing the proceedings may order that the defendant pay all or any of those costs of the plaintiff.

Note: The plaintiff is the victim or an SPF regulator (see subsections 58FZC(1) and (2)).

(2) The court may order that the costs to be paid by the defendant be assessed on an indemnity basis or otherwise.

Related sections

• s 58FZD — Meaning of concurrent wrongdoers
• s 58FZE — Certain concurrent wrongdoers not to have benefit of apportionment
• s 58FZF — Proportionate liability for claims involving concurrent wrongdoers
• s 58FZH — Contribution not recoverable from defendant
• s 58FZI — Subsequent actions
• s 58FZJ — Joining non‑party concurrent wrongdoer in the action

Research how courts apply s 58FZG

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