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Proportionate accountability regimes level absolute economic losings and you will assets problems try taken to regarding the Municipal Accountability Amendment (Personal Responsibility) Operate 2002 (NSW) sch step 1 pt cuatro, amending Municipal Liability Act 2002 (NSW), and also in the Municipal Liability Amendment Operate 2003 (WA) pt 1F, amending Municipal Liability Work 2002 (WA)

(143) Cane, 'Retribution, Proportionality, escort service Raleigh and you may Moral Fortune within the Tort Law', above letter 8, 142-step 3, 163-4; Hart, Abuse and you can Duty, significantly more than n 58, 134-5.

(145) is actually Pty Ltd (1991) 171 CLR 506, 509 (Mason CJ); Medlin v Local government Insurance rates Commission (1995) 182 CLR step one, 6-eight (Deane, Dawson, Toohey and you may Gaudron JJ). Notice, yet not, that in most jurisdictions, where defendant's neglect cannot be oriented as good 'necessary' position on the occurrence of your own damage, new judge will be to believe, amongst most other relevant affairs, whether or not accountability would be imposed into the offender: look for Civil-law (Wrongs) Operate 2002 (ACT) s forty five; Civil Responsibility Act 2002 (NSW) s 5D; Municipal Accountability Act 2003 (Qld) s eleven; Civil Liability Work 2002 (Tas) s thirteen; Wrongs Act 1958 (Vic) s 51; Civil Accountability Act 2002 (WA) s 5C.