New South Wales Repealed Regulations New South Wales Repealed RegulationsThis legislation has been repealed.
(1) If by the end of the period within which the defendants are required to reach agreement as to apportionment an apportionment statement setting out details of the apportionment of liability that the defendants have agreed to has not been filed with the Registrar, the Registrar is to refer the matter to a Contributions Assessor for determination.
(2) The Contributions Assessor to which a matter is referred is to determine the contribution that each defendant is liable to make and is to make that determination on the assumption that the defendants are liable and solely on the basis of:(a) the plaintiff's statement of particulars and the defendants' replies on the claim, and(b) standard presumptions as to apportionment determined by the Minister for the purposes of this clause by order published in the Gazette.Note: For the standard presumptions as to apportionment determined by the Minister see the Dust Diseases Tribunal (Standard Presumptions--Apportionment) Order 2005 .
(3) A Contributions Assessor's determination is to be made within:(a) 40 business days for malignant claims, or(b) 80 business days for non-malignant claims,after service of the plaintiff's statement of particulars on the last of the original defendants.
(4) Neither the referral of a matter for determination by a Contributions Assessor nor a determination of the matter by a Contributions Assessor prevents the defendants concerned from agreeing among themselves at any time as to the contribution that each is liable to make to the plaintiff's damages.
(5) A determination of a Contributions Assessor under this Division cannot be challenged, reviewed, quashed or called into question before any court of law or administrative review body in any proceedings. This subclause does not prevent the subsequent taking, or determination by the Tribunal, of a dispute between defendants as to apportionment.