GLOSSARY TERM  
  Proportionate Liability  
 
  DESCRIPTION  
  The Court's apportionment between wrongdoing parties of a plaintiff's loss or damage, who are often referred to as "concurrent wrongdoers". The liability of a wrongdoing party in respect of a claim will be limited to an amount that reflects the proportion of the damage or loss claimed that a Court considers just having regard to the extent of that party's responsibility for the damage or loss. Proportionate liability is the opposite of joint and several liability, where one wrongdoing party can be found to be liable for the whole of the damage or loss, notwithstanding that they are only partially responsible for it. It is codified in various legislation across Australia, for example: Part 4 of the Civil Liability Act 2002 (NSW).