Victorian Current Acts Victorian Current Acts(1) A person injured as a result of an accident to which this Division applies may not, in proceedings to recover damages in respect of that accident, seek to recover damages from an insured person or a nominal defendant in respect of a deprivation or impairment of earning capacity arising by reason of that injury if before the date of commencement of the hearing of the proceedings the person was entitled to make a claim under the repealed Act or section 141 in respect of that deprivation or impairment of earning capacity and did not make such a claim before that date.
(2) A person injured as a result of an accident may not, in proceedings to recover damages in respect of that accident seek to recover damages from an insured person or a nominal defendant in respect of costs referred to in paragraph (a), (b), (c), (d), (e), (f) or (g) of subsection (1) of section 145 and incurred by reason of that injury if, before the date of commencement of the hearing of the proceedings, the person was entitled to make an application under the repealed Act or a claim under Part 4 in respect of those costs and did not make such an application or claim before that date.
S. 150(3) amended by No. 27/2001 s. 4(Sch. 2 item 4.15).
(3) Despite anything in any Act or rule of law to the contrary, a judgment or order for damages in respect of the death of a person as a result of an accident awarded in proceedings under Part III of the Wrongs Act 1958 for the benefit of the dependent partner or dependent child of the deceased person must be reduced, if the person liable to pay the damages is an insured person or a nominal defendant, by the sum of amounts paid by the Commission under this Division and the Board under the repealed Act to the partner or to the child or a person on behalf of the child in respect of the death of the deceased person.
(4) If damages recoverable independently of this Division are subject to a reduction mentioned in section 26(1) of the Wrongs Act 1958 , the reduction must be calculated after the reduction under subsection (3) (if any) has been made.
(5) If—
(a) judgment is obtained in proceedings to recover damages in respect of the injury of a person resulting from an accident; or
S. 150(5)(b) amended by No. 27/2001 s. 4(Sch. 2 item 4.15).
(b) judgment is obtained in proceedings for the benefit of a dependent partner or dependent child of a deceased person in respect of the death of the deceased person resulting from an accident; or
(c) whether or not proceedings are instituted, a compromise or settlement is made of a claim for damages in respect of the injury or death of a person resulting from an accident—
the Commission is not, after the date on which the judgment was obtained or the compromise or settlement was made, liable to make any payment in respect of that injury or death to a person to whom damages are awarded or an amount is paid under the compromise or settlement.
S. 150(6) amended by No. 27/2001 s. 4(Sch. 2 item 4.15).
(6) The Commission must, at the request of a person who is, or whom it is satisfied may be, a party to proceedings to recover damages for the benefit of a dependent partner or dependent child of a deceased person who died as a result of an accident, state, by notice in writing given to that first-mentioned person, the amount it or the Board has paid to the dependent partner or dependent child under the repealed Act or this Division by reason of the death of the deceased person.
(7) In this section, "insured person" in relation to proceedings to recover damages means a person who—
(a) was entitled at the time of the accident, under a contract of insurance complying with the requirements of Division 1 of Part V of the Motor Car Act 1958 , to be indemnified in respect of the payment of those damages; or
(b) is a person with whom an agreement made under section 70, 71, 72, 73 or 74 of the repealed Act was in force at the time of the accident giving rise to the proceedings to recover damages.
Division 2—Third party insurance