The Commercial Contract Clauses chapter on Joint, Several and Proportionate Liability has become the most comprehensive coverage on the subject of proportionate liability currently available. The authors:
- Joshua Thomson, SC, a barrister at the Western Australian Bar who practises extensively in commercial and construction litigation;
- Leigh Warnick, barrister, an experienced corporate and resources lawyer specialising in mergers and acquisitions and corporate governance who has experience as an in-house lawyer, company secretary, and public company director; and
- The Hon. Justice Kenneth James Martin, sworn in as a Judge of the Supreme Court of Western Australia in 2009 who joined the bar in 1992 and was appointed Queen’s Counsel in 1997;
have extensively covered the significant impact proportionate liability has on contractual claims. For example, the most recent November update for the service contains important analysis of the attraction of apportionment as a limiter of liability, and the uncertainty of the expression “arising from a failure to take reasonable care” which has resulted in a number of ambitious attempts in recent decisions to attribute various forms of liability to a failure to take care: Cassegrain v Cassegrain  NSWCA 71 and Permanent Custodians Limited v Geagea (No 4)  NSWSC 934.
For the most current information on Proportionate Liability, see Commercial Contract Clauses from .