135Registrar-General may settle claims

135 Registrar-General may settle claims

135 Registrar-General may settle claims

(1) The Registrar-General may settle any claim for payment of compensation from the Torrens Assurance Fund, whether in the course of litigation to enforce the claim or otherwise.

(2) For the purpose of settling such a claim, the Registrar-General may participate in proceedings in the nature of mediation or neutral evaluation.

(3) The power of the Registrar-General to settle such a claim is subject to the following restrictions—

(a) the claim must not be settled unless the Registrar-General is satisfied—

(i) that the claimant would or will be successful in proceedings to enforce the claim, or

(ii) that it is otherwise reasonable in all the circumstances of the case to settle the claim,

(b) any amount to be paid in settlement of the claim must not exceed $100,000 (or such other amount as may be prescribed by the regulations) unless the Minister has approved of the settlement.

(4) In settling such a claim, the Registrar-General—

(a) may pay such amount (which may include amounts by way of costs and interest) as the Registrar-General thinks reasonable, and

(b) may, instead of or in addition to payment of a settlement amount, take other action.

(5) A settlement amount may include any costs incurred by the claimant before the settlement.

(6) The Registrar-General may delegate to a member of staff of the Department the power of the Registrar-General to settle claims under this section.

s 135: Am 1970 No 23, sec 17 (j); 1970 No 52, Second Sch; 1979 No 164, Sch 18 (6). Subst 2000 No 28, Sch 1 [12]. Am 2001 No 77, Sch 2 [10]–[13]; 2006 No 58, Sch 1.26 [4]; 2010 No 59, Sch 2.81 [2].