Accessory Liability and Contribution, Release and Apportionment

Abstract

This article considers how the common law, statutory and equitable rules of contribution apply to the liability of accessories for breaches of trust and fiduciary duty. It examines accessories' rights to contribution and the impact that releases and the proportionate liability legislation may have on those rights. It is argued that rules governing contribution between trustees should not be applied to accessories, and that a release of a trustee or fiduciary should not automatically operate to release an accessory from liability. Statutory reform is also called for to implement the contribution provisions of the Wrongs Act 1958 (Vic) in all other states and territories, and to amend the proportionate liability legislation to exclude trustees, fiduciaries and accessories from its application.