Commonwealth Consolidated Acts

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MILITARY REHABILITATION AND COMPENSATION ACT 2004 - SECT 392

Application of this Division to common law claims against third parties

  (1)   This Division applies if:

  (a)   compensation is paid under this Act in respect of:

  (i)   a service injury, disease or death of a person (the cause of action ); or

  (ii)   the loss of, or damage to, a medical aid used by a person (the cause of action ); and

  (b)   the cause of action occurred in circumstances that appear to create a legal liability of another person (the defendant ) other than the Commonwealth or a potentially liable member to pay damages in respect of the cause of action; and

  (c)   the person or a dependant of the person (as the case may be) (the plaintiff ):

  (i)   has not made a claim for damages against the defendant in respect of the cause of action; or

  (ii)   has made such a claim, but has not prosecuted it.

  (2)   In paragraph   (1)(c), a reference to a claim having been made or not having been made by the plaintiff includes a reference to a claim having been made or not having been made on behalf of the plaintiff.


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