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Motor Accidents (Compensation) Act 1979
40Commission may conduct certain, proceedings
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40 Commission may conduct certain, proceedings
(1) The Commission:
(a) may undertake the settlement of any claim against a person
referred to in section 6(1) in respect of the person's liability
referred to in that section; and
(b) may take over during such period as it thinks fit the conduct on
behalf of that person of any proceedings taken or had to
enforce the claim or for the settlement of any question arising
with reference to the claim; and
(c) may defend or conduct those proceedings in the name and on
behalf of that person; and
(d) shall indemnify that person against all costs and expenses of
or incidental to any of those proceedings while the
Commission retains the defence or conduct of the
proceedings.
(2) The person referred to in subsection (1) shall sign all such warrants
and authorities as the Commission requires for the purpose of
enabling it to have the defence or conduct of any proceedings
Part 8 Transitional matters
Division 1 Motor Accidents (Compensation) Amendment Act 2007
Motor Accidents (Compensation) Act 1979 45
referred to in that subsection and, in default of so doing, the court in
which the proceedings are pending may order that the warrants and
authorities be signed by the Commission on behalf of that person.
(3) Nothing said or done by or on behalf of the Commission in
connection with the settlement of any such claim or the defence or
conduct of any such proceedings shall be regarded as an
admission of liability in respect of, or shall in any way prejudice, any
other claim, action or proceeding arising out of the same
occurrence.