133Subrogation of rights to claim compensation

133 Subrogation of rights to claim compensation

133 Subrogation of rights to claim compensation

(1) An insurer cannot be subrogated to any other person in respect of that other person’s right to claim compensation from the Torrens Assurance Fund in relation to compensable loss.

(2) If administrative proceedings or court proceedings are commenced in relation to a claimant’s compensable loss, the Registrar-General is subrogated to the claimant in respect of the claimant’s rights and remedies against any person in relation to that loss.

(3) In the case of a deceased person, the compensation may be recovered from the deceased person’s estate by proceedings taken against the deceased person’s personal representative.

(4) The Registrar-General may join any person in any court proceedings if of the opinion that the claimant has a cause of action against that person in respect of the compensable loss to which the proceedings relate.

(5) This section has effect despite any provision of the Legal Profession Uniform Law (NSW) or any other Act, law or agreement.

s 133: Am 1979 No 164, Sch 18 (5); 1987 No 180, Sch 3; 1992 No 96, Sch 1 (4); 1996 No 87, Sch 1 [23]; 1999 No 58, Sch 1 [20]. Subst 2000 No 28, Sch 1 [12]. Am 2002 No 53, Sch 1.24 [5]; 2009 No 17, Sch 1 [25]–[27]; 2015 No 7, Sch 2.37.