52Chief Executive Medicare must not issue an apportionment certificate in certain situations relating to court judgments or orders

52 Chief Executive Medicare must not issue an apportionment certificate in certain situations relating to court judgments or orders

(1) The Chief Executive Medicare must not issue an apportionment certificate in relation to a claim against an eligible midwife or eligible entity for an eligible midwife if: (a) a judgment or order of a court has been made in relation to the claim; and (b) the judgment or order specifies the liability of the eligible midwife or eligible entity in relation to the claim; and (c) the judgment or order is not stayed and is not subject to appeal; and (d) the defence of the claim against the midwife or entity was conducted appropriately (see subsection (2)) up to the date on which the judgment or order became a judgment or order that is not stayed and is not subject to appeal. (2) For the purposes of paragraph (1)(d), the defence of the claim is conducted appropriately if, and only if: (a) to the extent it is conducted on the midwife or entity’s behalf by an insurer, or by a legal practitioner engaged by the insurer—the defence is conducted to a standard that is consistent with the insurer’s usual standard for the conduct of the defence of claims; and (b) to the extent it is conducted by the midwife or entity, or by a legal practitioner engaged by the midwife or entity—the defence is conducted prudently. (3) In this section:

defence of the claim includes any settlement negotiations on behalf of the midwife or entity.