Commonwealth Consolidated Acts

INSURANCE CONTRACTS ACT 1984 - SECT 51

             (1)  Where:

                     (a)  the insured under a contract of liability insurance is liable in damages to a person (in this section called the third party );

                     (b)  the insured has died or cannot, after reasonable enquiry, be found; and

                     (c)  the contract provides insurance cover in respect of the liability;

the third party may recover from the insurer an amount equal to the insurer's liability under the contract in respect of the insured's liability in damages.

             (2)  A payment under subsection (1) is a discharge, to the extent of the payment, in respect of:

                     (a)  the insurer's liability under the contract; and

                     (b)  the liability of the insured or of the insured's legal personal representative to the third party.

             (3)  This section does not affect any right that the third party has in respect of the insured's liability, being a right under some other law of the Commonwealth or under a law of a State or Territory.