273Compensation recovery

### 273 Compensation recovery > > (1)  This rule applies if a defendant or the insurer of a defendant is, in relation to the plaintiff's cause of action – > > > > > > (a) for the purposes of Division 4 of Part 3.14 of the *Social Security Act 1991* of the Commonwealth, a compensation payer or potential compensation payer; or > > > > > > > (b) a compensation payer within the meaning of the *Health and Other Services (Compensation) Act 1995* of the Commonwealth. > > > (2)  A defendant making a payment into Court may – > > > > > > (a) endorse the notice of payment into Court with a statement in writing that this rule applies to the payment; or > > > > > > > (b) file and serve such a statement. > > > (3)  If a defendant makes a payment under [subrule (2)](#GS273@Gs2@EN) and a plaintiff accepts the payment – > > > > > > (a) the registrar, on behalf of the defendant, is to give notice in accordance with section 1173 of the *Social Security Act 1991* of the Commonwealth; and > > > > > > > (b) a payment out is not to be made until – > > > > > > > > > > (i) a recovery notice has issued under section 1174 of the *Social Security Act 1991* of the Commonwealth; or > > > > > > > > > > > (ii) the Secretary gives notice that a recovery notice under that section is not to be issued; and > > > > > > > (c) the amount paid in is to be paid out in satisfaction of the amount specified in the recovery notice and any balance is to be paid to the plaintiff.