Australian Capital Territory Consolidated Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

ROAD TRANSPORT (THIRD-PARTY INSURANCE) ACT 2008 - SECT 159

Thing not done within 7-day period—claimant as enforcing party

    (1)     This section applies if—

        (a)     an enforcing party has given a late party a compliance notice; and

        (b)     the late party does not do the required thing within the 7-day period in the notice; and

        (c)     the enforcing party is the claimant to the motor accident claim (the relevant notice claim ) to which the notice relates.

    (2)     The enforcing party may, not later than 14 days after the day the 7-day period ends, apply to the court for an order—

        (a)     if the claimant has not started a proceeding based on the relevant notice claim—giving the claimant leave to begin the proceeding; and

        (b)     giving judgment in the proceeding in favour of the claimant against the respondent.



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback