Victorian Current Acts Victorian Current Acts(1) If—
(a) judgment against the owner or driver of an uninsured motor car has been entered in respect of the death of or bodily injury to any person caused by or arising out of the use of that motor car; and
(b) had there been in force a contract of insurance under the repealed Division relating to that motor car, the judgment debtor would have been insured against liability in respect of the death or bodily injury; and
(c) the judgment debtor does not satisfy the judgment in full within one month after it has been entered—
the judgment creditor may obtain judgment against the Incorporated Nominal Defendant for a sum equivalent to the amount (including costs) unpaid in respect of the first-mentioned judgment or the amount to which the liability of an authorized insurer might have been limited had there been in force a contract of insurance under the repealed Division relating to such motor car, whichever is the smaller amount but if execution of the first-mentioned judgment is stayed pending appeal the time during which such execution is so stayed shall be excluded in calculating the said period of one month.
(2) The Incorporated Nominal Defendant is not liable to satisfy any judgment obtained against it but the judgment and the costs of the Incorporated Nominal Defendant must be paid by authorized insurers at the date of the occurrence out of which the claim arose in proportions determined by the Minister.
(3) The sum paid to satisfy the judgment obtained against the Incorporated Nominal Defendant and costs are recoverable by the Incorporated Nominal Defendant against the owner or driver of the motor car but—
(a) it is a good defence in any action against the owner of the motor car if he or she establishes to the satisfaction of the court that the fact that the motor car was an uninsured motor car was not due to his or her own default; and
(b) if the owner of the motor car is the judgment debtor no sum is so recoverable against the driver of the motor car unless judgment could have been obtained against the driver in respect of the death or bodily injury; and
(c) it is a good defence in any action against the driver of the motor car if he or she establishes to the satisfaction of the court that at the time of the occurrence out of which the death or bodily injury arose he or she had or had reasonable grounds for believing that he or she had the authority of the owner to drive the motor car and that he or she had reasonable grounds for believing and did in fact believe that the motor car was a motor car in relation to which there was in force a contract of insurance under the repealed Division; and
(d) the sum so paid and the costs are recoverable by the Incorporated Nominal Defendant against, and such defences are not available to, the driver (whether or not he or she is the owner) of the motor car if the driver is convicted of having, at the time of the occurrence out of which the death or bodily injury arose, been under the influence of intoxicating liquor whilst driving the motor car.
(4) Any amount recovered by the Incorporated Nominal Defendant against the owner or driver of the motor car must be paid to the authorized insurers in the same proportions as the insurers paid to satisfy the judgment and including the costs of the Incorporated Nominal Defendant.