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Civil Law (Wrongs) Act 2002
114HDefendant may rely on defences and immunities etc
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114H Defendant may rely on defences and immunities etc
(1) In a proceeding for a child abuse claim, a defendant for an
unincorporated body nominated under section 114D (2), or appointed
under section 114E (4)—
(a) may rely on any defence or immunity the body would have been
able to rely on had the body been incorporated and capable of
being sued; and
(b) is entitled to be indemnified under any policy of insurance in
relation to the claim that the body would have been indemnified
under had the body been incorporated and capable of being sued.
(2) Nothing in subsection (1) (b) excludes an unincorporated body from
any coverage or indemnity of the body under an insurance policy in
relation to a child abuse claim.
Institutional child abuse—setting aside abuse settlement agreements Part 8A.3
Part 8A.3 Institutional child abuse—setting
aside abuse settlement
agreements