Prepare Wrongs Act contributory negligence issues for a Victorian damages claim
MaintainedLast reviewed
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- From the facts about the injured person's own conduct, build an issues table under sections 26, 62 and 63 of the Wrongs Act 1958. Do not choose a percentage.
- What the lawyer must review
- Decide whether there was contributory negligence and the reduction
- Record that section 63 allows a reduction of 100 per cent if just and equitable
- A Part III dependency claim is not reduced for the deceased's own negligence
Rules that apply
The document starts from the task name. Change it if this piece of work is different.
The work product
Forum. Victoria: a damages claim to which the Wrongs Act 1958 apportionment and Part X contributory negligence provisions apply
Produce. An issues table with the percentage left blank.
Have ready. Facts about the injured person's own conduct, with sources; Whether the claim is a Part III dependency claim; The Act the lawyer says applies.
Example of the limit. Illustrative example: The insurer asserts a 100 per cent reduction. The table records that section 63 allows that reduction only if the court thinks it just and equitable. The lawyer chooses the percentage. The table does not.
Stop and hand it back when
- The claim is a Part III dependency claim and the table still reduces the damages for the deceased's negligence.
- The lawyer has not said that the Wrongs Act provisions apply to this claim.
Sources for this task were checked on 2026-10-23.
Who does what
| Role | What they do |
|---|---|
| Assistance | From the facts about the injured person's own conduct, build an issues table under sections 26, 62 and 63 of the Wrongs Act 1958. Do not choose a percentage. |
| Lawyer | Set the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output. |
Checklist
- Use section 62: the standard is a reasonable person in the position of the person who suffered harm, judged on what that person knew or ought to have known at the time.
- Under section 26(1) the damages are reduced to the extent the court thinks just and equitable. Section 26(1)(a) says that, except as section 63 provides, the claim is not defeated.
- Section 63 allows the court to determine a reduction of 100 per cent if it thinks that just and equitable, with the result that the claim is defeated.
- Section 26(4): a Part III dependency action is not defeated, and the damages are not reduced, by reason of the deceased's contributory negligence.
Sources
- Wrongs Act 1958 (Vic) s 62, standard of care for contributory negligence · 2026-10-23
- Wrongs Act 1958 (Vic) s 63, contributory negligence can defeat claim · 2026-10-23
- Wrongs Act 1958 (Vic) s 26, liability for contributory negligence · 2026-10-23
- Wrongs Act 1958, in force version 130 (effective 25 February 2026) · 2026-10-23
The Wrongs Act 1958 is in force as version 130, effective 25 February 2026.
If the table is later used in a filed submission, the lawyer verifies it under Practice Note SC GEN 25 or the County Court practice note of 9 June 2026.