Australian Capital Territory Current Acts Australian Capital Territory Current Acts(1) A charge under section 206 is enforceable by an action against the insurer in the same way and in the same court as if the action were an action to recover damages or compensation from the insured.
(2) The parties have, to the extent of the charge, the same rights and liabilities in relation to the action, and the judgment given in the action, as if the action were against the insured.
(3) The court has the same powers in relation to the action, and the judgment given in the action, as if the action were against the insured.
(4) Unless section 206 (3) applies, the action cannot be begun without the leave of the court.
(5) Leave must not be given if the court is satisfied that—
(a) the insurer is entitled under the terms of the contract of insurance to disclaim liability; and
(b) any proceeding, including any arbitration proceeding, necessary to establish that entitlement have been taken.
(6) The action can be brought although judgment has already been recovered against the insured for damages or compensation in relation to the same matter.