Australian Capital Territory Numbered Regulations

WORKERS COMPENSATION RULES 2002 (NO 21 OF 2002) - REG 42

    (1)     This rule applies to an arbitration if—

        (a)     the injury to the applicant worker happened in circumstances mentioned in the Act, section 183 (Remedies both against the employer and a stranger); and

        (b)     a respondent to the application claims that if compensation is paid under the Act to the applicant, the respondent is entitled to be indemnified by the person under that section.

    (2)     The respondent may file a notice of claim naming the person.

Note     If a form is approved under s 222 (Approved forms) for a notice of claim, the form must be used.

    (3)     The respondent must serve a copy of the notice on the person as soon as practicable after filing the notice.

    (4)     The court may give the directions it considers appropriate.

    (5)     Without limiting subrule (4), the court may give the person leave to answer the applicant's claim against the respondent.

    (6)     If the person wishes to dispute the notice, the person may appear at the arbitration.

    (7)     The court may order that the person is not entitled in any future proceeding between the respondent and the person to dispute the validity of the award of the court on the arbitration.

    (8)     If the person does not appear at the arbitration, the person is taken to admit the validity of the award of the court on the arbitration.

    (9)     With the consent of the respondent and the person, the court may—

        (a)     if the person's liability to indemnify the respondent is admitted—make an order for the respondent against the person, to be executed only after payment is made by the respondent under the award; or

        (b)     make an order that the question of the person's liability to indemnify the respondent be settled by arbitration between the respondent and the person (the later arbitration ) after the arbitration between the applicant and the respondent.

    (10)     If an order is made under subrule (9) (b), the court may give the directions and make the orders it considers appropriate in relation to the later arbitration.

    (11)     The court may make any order it considers appropriate about costs between the respondent and the other person in the arbitration or the later arbitration.