MOTOR ACCIDENTS COMPENSATION ACT 1999 - SECT 195 Nominal Defendant may take certain legal proceedings

MOTOR ACCIDENTS COMPENSATION ACT 1999 - SECT 195

195 Nominal Defendant may take certain legal proceedings

(cf s 129 MAA)

(1) If--

(a) the liquidator of an insolvent insurer applies to any court for directions in relation to any particular matter arising under the winding-up, or

(b) the exercise by the liquidator of an insolvent insurer of any of the liquidator's functions, whether under this Part or not, is challenged, reviewed or called into question in proceedings before any court, or

(c) any other matter that concerns or may affect the operation of this Part is raised in proceedings before any court,

the Nominal Defendant may intervene at any stage of the proceedings before that court, by an Australian legal practitioner or an agent, and the Nominal Defendant thereupon becomes a party to, and has all the rights of a party to, those proceedings before that court, including the right to appeal against any order, judgment or direction of the court.

(2) In any case in which the Attorney General might take proceedings on the relation or on behalf of or for the benefit of a person who is (or who would but for the dissolution of the insolvent insurer be) entitled, under a third-party policy issued by an insolvent insurer, to be indemnified against a claim or judgment arising from or relating to the policy, being proceedings for or with respect to enforcing or securing the observance of any provision made by or under this Part, any Act or any rule of law, the Nominal Defendant is taken to represent sufficiently the interests of the public and may take the proceedings in its own name.

(3) The Nominal Defendant is entitled to be paid, out of the Nominal Defendant's Fund, all the costs and expenses incurred by the Nominal Defendant in exercising the powers conferred by this section.