Australian Capital Territory Current Acts

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HEAVY VEHICLE NATIONAL LAW (ACT) - SECT 617

Relationship with orders or awards of other courts and tribunals

    (1)     A compensation order may not be made in favour of a road manager for a road in relation to damage to road infrastructure if another court or tribunal has awarded compensatory damages or compensation in civil proceedings to the road manager in relation to the damage based on the same or similar facts.

    (2)     If a court purports to make a compensation order contrary to subsection (1)—

        (a)     the order is void to the extent it covers the same matters as the matters covered by the other award; and

        (b)     any payments made under the order to the extent to which it is void must be repaid by the road manager.

    (3)     The making of a compensation order in relation to damage to road infrastructure does not prevent another court or tribunal from later awarding damages or compensation in civil proceedings in relation to the damage based on the same or similar facts, but the court or tribunal must take the compensation order into account when making its award.

    (4)     Nothing in this Division affects or limits any liability to pay compensation under another law, other than as provided by this section.



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