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) 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.