158Appointment of Incorporated Nominal Defendant as Administrator ad litem

158 Appointment of Incorporated Nominal Defendant as Administrator ad litem (a) the death of or bodily injury to any person is caused by or arises out of the use of a motor car; and (b) the owner or driver of the motor car is dead; and (c) a cause of action in relation to the death or bodily injury survives against the estate of the deceased owner or driver; and (d) no legal representation of that estate has been granted in Victoria— a person wishing to obtain a judgment in respect of that cause of action may, with the consent of the Incorporated Nominal Defendant, file in the Office of the Registrar of Probates a Notice of Appointment of the Incorporated Nominal Defendant as the Administrator ad litem of the estate of the deceased owner or driver. (2) A Notice of Appointment under this section— (a) must be in or to the effect of the form prescribed; and (b) must be filed not less than three months or more than six years after the date upon which the cause of action arose; and (c) must be accompanied by— (i) an affidavit, in or to the effect of the form prescribed, by or on behalf of the person filing the notice; and (ii) an affidavit setting forth that up to the morning of the filing of the Notice of Appointment no application for probate or administration of the estate of the deceased owner or driver has been made or granted; and (iii) the consent, in or to the effect of the form prescribed, of the Incorporated Nominal Defendant. (3) Upon the filing of a Notice of Appointment under this section the Incorporated Nominal Defendant, for the purposes only of any proceedings in respect of the cause of action aforesaid, is the Administrator ad litem of the estate of the deceased owner or driver. (4) The court has the same powers in relation to an Administrator ad litem appointed under this section (including the power to determine the appointment) as it has in relation to an Administrator ad litem appointed by the court.