174Legal proceedings

#### 174 Legal proceedings 174 Legal proceedings > > (1) A person cannot, without the leave of the Secretary, commence any proceedings in relation to the Compensation Fund unless the person has made a claim and the Secretary has disallowed the person’s claim. > > > (2) A person cannot recover from the Compensation Fund by way of any such proceedings an amount greater than the amount of pecuniary loss suffered by the person, after deducting from the total amount of the pecuniary loss— > > > > > (a) the amount or value of all money or other benefits received or recovered from any source (other than the Compensation Fund) in reduction of the pecuniary loss, and > > > > > (b) any such amount or value that, in the opinion of the Secretary, might have been received or recovered but for the person’s neglect or default. > > > (3) Any proceedings in relation to any claim against the Compensation Fund are to be as for a debt due by the Crown and are to be brought in a court of competent jurisdiction. The proceedings do not lie against the Secretary. > > > (4) In those proceedings— > > > > > (a) all defences that would have been available to the licensee in relation to whom the claim arose are available to the Crown, and > > > > > (b) all questions of costs are in the discretion of the court or, where the proceedings are tried with a jury, the judge presiding at the trial. > > > (5) Any order for the payment of costs made by the Local Court operates as a judgment debt under the [Civil Procedure Act 2005](/view/html/inforce/current/act-2005-028) and is enforceable as such under that Act. > > > (6) No proceedings can be brought against the Crown in relation to a claim against the Compensation Fund after the end of— > > > > > (a) a period of 6 months after the claimant has been notified that the claim has been disallowed, or > > > > > (b) such longer period as the court may permit, on sufficient cause being shown and on such terms as it thinks fit. > > **s 174:** Am 2006 No 120, Sch 2.74; 2007 No 94, Sch 2.