365Order for apportionment of liability

365 Order for apportionment of liability (1) In default of agreement under section 362, the Authority, the defendant and any common law insurer may at any time before entry of judgment in a common law proceeding, apply to the court in which the common law proceeding is brought for orders apportioning liability in respect of all damages and costs recovered or recoverable in the common law proceeding in accordance with that section, including orders in respect of the payment of all amounts required to be paid as a consequence of any such apportionment. (2) The court to which application is made under subsection (1)— (a) may give such directions in relation to interlocutory orders for discovery, inspection and better particulars and for the filing of pleadings as it deems appropriate; and (b) must hear and determine the application for apportionment in such manner and at such time as it deems appropriate. (3) If an application is not made under subsection (1), the Authority, the defendant and any common law insurer may apply to any court of competent jurisdiction for orders apportioning liability in respect of all damages and costs recovered or recoverable in a common law proceeding in accordance with section 362, including orders in respect of the payment of all amounts required to be paid as a consequence of any such apportionment. (4) The court to which application is brought under subsection (3)— (a) may give such directions in relation to interlocutory orders for discovery, inspection and better particulars and for the filing of pleadings as it deems appropriate; and (b) must hear and determine the claim for apportionment in such manner and at such time as it deems appropriate. (5) An application to a court under subsection (3) must be made within 12 months after the person making the application received notice of the entry of judgment, settlement or compromise of the common law proceeding. (6) An apportionment in accordance with this Division is an apportionment in relation to— (a) the amount of damages and costs awarded or agreed to be paid in accordance with this Division; and (b) the costs of the conduct of the defence of the common law proceedings. Division 6—Other actions and rights