Australian Capital Territory Consolidated Acts

ROAD TRANSPORT (THIRD-PARTY INSURANCE) ACT 2008 - SECT 83A

    (1)     If a motor accident claim is made against the nominal defendant, the nominal defendant may deal with the motor accident claim, and any proceeding relating to the motor accident claim, in the way the nominal defendant considers appropriate including—

        (a)     settling or compromising the motor accident claim; and

        (b)     bringing and prosecuting a proceeding under this Act for the motor accident claim and settling or compromising the proceeding.

Note     The sections under which the nominal defendant may bring a proceeding include:

              •     s 172 (Insurer may recover costs if motor vehicle defective)

              •     s 173 (Insurer may recover costs if fraud)

              •     s 174 (Nominal defendant may recover costs from responsible person or driver)

              •     s 242 (Nominal defendant may recover from insolvent insurer).

    (2)     The nominal defendant must give the CTP regulator the reports that the CTP regulator reasonably requires about anything done by the nominal defendant under this section.

Notes to pt 4.2

Costs may be awarded against a party who does not comply with this part (see s 99 and s 100).

The court may order a party to comply with a duty imposed under this part (see s 115).