AustLII Tasmanian Consolidated Acts

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CIVIL LIABILITY ACT 2002 - SECT 49Q

Effect of appointment of proper defendant

On the appointment of a proper defendant for an unincorporated organisation –
(a) the proper defendant is taken to be the defendant, in the child abuse proceedings against the organisation, on behalf of the organisation and is responsible for conducting the proceedings as the defendant; and
(b) anything done by the unincorporated organisation is taken to have been done by the proper defendant and a duty or obligation of the unincorporated organisation in relation to the proceedings is a duty or obligation owed by the proper defendant; and
(c) the unincorporated organisation must continue to participate in the child abuse proceedings and a court may make orders or directions in respect of the organisation as if the organisation had legal personality; and
(d) a court may make substantive findings in the child abuse proceedings against an unincorporated organisation as if the organisation had legal personality; and
(e) the proper defendant incurs any liability, from the claim in the proceedings on behalf of the organisation, that the organisation would have incurred if the organisation had legal personality, including any costs awarded; and
(f) the proper defendant may rely on any defence or immunity that would be available to the organisation as a defendant in the proceedings if the organisation had legal personality; and
(g) any right of the unincorporated organisation to be indemnified (including under a policy of insurance) in respect of damages awarded in a claim in child abuse proceedings extends to, and indemnifies, the proper defendant; and
(h) if more than one proper defendant is appointed, the proper defendants must file a single defence and proceed as a single defendant.



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