55Common law claims against third parties

55  Common law claims against third parties

 (a) an amount of compensation under the scheme:

 (i) is paid to a covered person in respect of an injury to the covered person or in respect of the loss of, or damage to, property used by the covered person; or

 (ii) is paid for the benefit of a dependant of a deceased covered person in respect of an injury that resulted in the death of the covered person; and

 (b) the injury, loss, damage or death occurred in circumstances that appear to create a legal liability in a person (the liable person), other than the Commonwealth or another covered person, to pay damages in respect of the injury, loss, damage or death; and

 (c) a claim against the liable person for the purpose of recovering such damages has not been made by the covered person or by or for the benefit of the dependant, or, having been made, has not been prosecuted;

Comcare may make a claim or a fresh claim against the liable person in the name of the covered person or dependant for the recovery of damages in respect of the injury, loss, damage or death or may take over the conduct of the existing claim, as the case requires.

 (2) If Comcare takes over the conduct of a claim, the Commonwealth becomes liable to pay all costs of and incidental to that claim that would otherwise be payable by the person who originally made the claim, other than costs unreasonably incurred by that person.

 (3) If Comcare makes, or takes over the conduct of, a claim under this section, Comcare 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 judgment; and

 (c) if the claim is before a court and judgment has been obtained in favour of the plaintiff—take such steps as are necessary to enforce the judgment.

 (4) If Comcare requires the covered person or dependant to sign a document relevant to a claim made or taken over by Comcare under this section (including the settlement of the claim or of any proceedings arising out of the claim), the covered person or dependant must sign the document.

 (5) If the covered person or dependant fails to sign a document in accordance with a requirement under subsection (4):

 (a) if the claim is not before a court or tribunal at the time of the failure—the Federal Court of Australia, on the application of Comcare, may direct that the document be signed on the covered person or dependant’s behalf by a person appointed by Comcare; and

 (b) otherwise—the court or tribunal in which proceedings relating to the claim are being heard, on the application of Comcare, may so direct.