Victorian Current Acts Victorian Current Acts(1) In default of agreement under section 129P , the Authority, the defendant and any common law insurer may at any time before entry of judgment in a common law proceeding, apply to the court in which the common law proceeding is brought for orders apportioning liability in respect of all damages and costs recovered or recoverable in the common law proceeding in accordance with that section, including orders in respect of the payment of all amounts required to be paid as a consequence of any such apportionment.
(2) The court to which application is made under subsection (1)—
(a) may give such directions in relation to interlocutory orders for discovery, inspection and better particulars and for the filing of pleadings as it deems appropriate; and
(b) shall hear and determine the application for apportionment in such manner and at such time as it deems appropriate.
(3) If an application is not made under subsection (1), the Authority, the defendant and any common law insurer may apply to any court of competent jurisdiction for orders apportioning liability in respect of all damages and costs recovered or recoverable in a common law proceeding in accordance with section 129P, including orders in respect of the payment of all amounts required to be paid as a consequence of any such apportionment.
(4) The court to which application is brought under subsection (3)—
(a) may give such directions in relation to interlocutory orders for discovery, inspection and better particulars and for the filing of pleadings as it deems appropriate; and
(b) shall hear and determine the claim for apportionment in such manner and at such time as it deems appropriate.
(5) An application to a court under subsection (3) shall be made within 12 months after the commencement of the Accident Compensation (Further Amendment) Act 1988 or within 12 months of the person making the application receiving notice of the entry of judgment, settlement or compromise of the common law proceeding, whichever is the later.
(6) An apportionment in accordance with this Division is an apportionment in relation to the amount of damages and costs awarded or agreed to be paid in accordance with this Division and of the costs of the conduct of the defence of the common law proceedings.
Pt 4 Div. 7 (Heading) amended by Nos 64/1989 s. 37(1)(c), 67/1992 s. 45(a), 50/1994 s. 63(1)(a), 74/2000 s. 3(Sch. 1 item 1.5).
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