105AMatters relating to claims etc. by CEO

105A Matters relating to claims etc. by CEO

(1) If the CEO takes action to claim or obtain compensation, or takes over the conduct of an existing claim, the Agency becomes liable to pay all costs of and incidental to that claim that would otherwise be payable by the person who originally made the claim, or the person in whose name the claim was made, other than costs unreasonably incurred by that person. (2) The CEO may: (a) take whatever steps are appropriate to bring the claim to a conclusion; and (b) if the claim is before a court—settle the proceedings either with or without obtaining judgement; and (c) if the claim is before a court and judgement has been obtained in favour of the plaintiff—take such steps as are necessary to enforce the judgement. (3) The participant or prospective participant must sign any document relevant to a claim made or taken over by the CEO under section 105 (including the settlement of the claim or of any proceedings arising out of the claim), being a document that CEO requires the participant or prospective participant to sign. (4) If the participant or prospective participant does not sign a document in accordance with a requirement under subsection (3): (a) if the claim is not before a court or tribunal at the time of the failure—the Federal Court of Australia may, on the application of the CEO, direct that the document be signed on behalf of the participant or prospective participant by a person appointed by CEO; and (b) otherwise—the court or tribunal in which proceedings relating to the claim are being heard may, on the application of CEO, so direct. (5) If the CEO proposes to make an application under subsection (4): (a) the CEO must notify the participant or prospective participant of that fact; and (b) the participant or prospective participant has a right of representation in the hearing of that application.