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 \[2\].