Australian Capital Territory Current Regulations

COURT PROCEDURES RULES 2006 - REG 3952

    (1)     This rule applies to an arbitration if—

        (a)     the injury to the applicant worker happened in circumstances mentioned in the “b title="A1951-2">Workers Compensation Act

, section 183 (Remedies against employer and stranger); and

        (b)     a respondent to the application claims that, if compensation is paid under the “b title="A1951-2">Workers Compensation Act

to the applicant, the respondent is entitled to be indemnified by a person under that section.

    (2)     The respondent may file a notice of claim naming the person.

    (3)     The respondent must serve a sealed copy of the notice on the person.

Note     The copy of the notice must be served as soon as possible (see “b title="A2001-14">Legislation Act

, s 151B (Doing things for which no time is fixed)).

    (4)     If this rule applies, the court may make the orders it considers appropriate.

Note     Pt 6.2 (Applications in proceedings) applies to an application for an order under this rule.

    (5)     Without limiting subrule (4), the court may give the person leave to answer the applicant's claim against the respondent.

    (6)     If the person wishes to dispute the notice, the person may appear at the arbitration.

    (7)     Without limiting subrule (4), the court may, under the subrule, order that the person is not entitled in any future proceeding between the respondent and the person to dispute the validity of the award of the court on the arbitration.

    (8)     If the person does not appear at the arbitration, the person is taken to admit the validity of the award of the court on the arbitration.

    (9)     With the consent of the respondent and the person, the court may, under subrule (4)—

        (a)     if the person's liability to indemnify the respondent is admitted—make an order for the respondent against the person, to be enforced only after payment is made by the respondent under the award; or

        (b)     order that the question of the person's liability to indemnify the respondent be settled by arbitration between the respondent and the person (the later arbitration ) after the arbitration between the applicant and the respondent.

    (10)     If the court makes an order mentioned in subrule (9) (b), the court may make the orders it considers appropriate in relation to the later arbitration.

    (11)     Without limiting subrules (4) and (10), the court may make any order it considers appropriate about costs between the respondent and the person in the arbitration or the later arbitration.