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Workers Compensation Act 1951
170KPower of Supreme Court to set aside agreements
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170K Power of Supreme Court to set aside agreements
(1) If a claim for payment is made against the DI fund by someone
eligible to make the claim under section 170G (Claim for payment if
agreement to discharge liability at common law and liability not
covered by compulsory insurance policy), the DI fund manager may
apply to the Supreme Court for an order setting aside the agreement
to which the claim relates.
(2) The Supreme Court may set aside the agreement if satisfied that there
are reasonable grounds for believing that the employer has not
honestly tried to protect the employer’s own interests and taken all
reasonable steps to protect the employer’s own interests.
(3) If the Supreme Court sets the agreement aside, the costs of the
respondent in relation to the application are to be paid by the DI fund,
unless the Supreme Court orders otherwise.
(4) The Supreme Court may make an order about costs under
subsection (3) only if satisfied that it is appropriate to make the order
because of the special circumstances surrounding the making of the
agreement.