Australian Capital Territory Current Acts

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CIVIL LAW (WRONGS) ACT 2002 - SECT 56

Multiple respondents

    (1)     If there are 2 or more respondents to a claim, other than a motor accident claim, 1 of the respondents (the respondents' claim manager ) may act for 1 or more of the other respondents under this chapter with the agreement of the other respondents.

    (2)     If there are 2 or more respondents to a motor accident claim, 1 of the respondents (the respondents' claim manager ) must act for all of the respondents under this chapter.

    (3)     For subsection (2)—

        (a)     the respondents' claim manager must be decided—

              (i)     by agreement between the respondents; or

              (ii)     if the respondents cannot agree within 2 months after the day the claimant first gave, or is taken to have given, a respondent for the motor accident claim a complying notice of claim—under the insurance industry deed; and

        (b)     until the respondents' claim manager is decided under paragraph (a), the respondent to which the notice of claim is first given under section 51 is the respondents' claim manager.

    (4)     The respondents' claim manager—

        (a)     may exercise the functions given under this chapter in relation to the claim and the claimant for all respondents for whom the respondents' claim manager acts; and

        (b)     must act as far as practicable with the agreement of the other respondents for whom the manager acts.

    (5)     Action taken, or an agreement made, by the respondents' claim manager in relation to the claim is binding on each respondent for whom the respondents' claim manager acts so far as it affects the claimant.

    (6)     However, if the respondents' claim manager acts beyond the scope of the manager's authority under the agreement under subsection (1) or (3) (a) (i), the manager is liable to each other respondent who is a party to the agreement for any loss suffered by the other respondent.



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