Damages settlements approval
Disputes are assigned to the most appropriate dispute resolution pathway.
Disputes are assigned to the most appropriate dispute resolution pathway.
Disputes are assigned to the most appropriate dispute resolution pathway.
Applications to resolve a dispute through the claims disputes pathway, and responses to those applications, must be lodged with the Commission.
If a claimant is not represented by an Australian legal practitioner, a claim for damages cannot be settled unless the proposed settlement is approved by the Commission.
If a claimant and insurer have agreed to a proposed damages settlement, and the claimant is not represented by an Australian legal practitioner, the insurer is to make an application to the Commission on behalf of both the claimant and the insurer seeking a damages settlement approval, which the insurer is to lodge as quickly as is practicable, and preferably within seven days of reaching that proposed agreement.
Applications to resolve a medical dispute should be lodged via the Commission’s online portal.
An application for a settlement approval must include details of:
The settlement approval will be considered and determined by a Member.
The settlement approval will be considered and determined by a Member.
The settlement approval process may include undertaking the assessment on the documents and information included in the application and reply or via teleconference, videoconference or face-to-face meeting, as appropriate. The member may determine the settlement approval procedure, is not bound by the rules of evidence, and may enquire into any matter relevant to the issues in dispute in such manner as they think fit.
The Member may not approve the settlement of the claim unless satisfied that it complies with any applicable requirements of the Motor Accidents Insurance Act 2017 (the Act).
In particular, the proposed settlement must also comply with the following requirements:
The Member may decide to:
The Member is to issue the parties with a certificate as to the determination of the settlement approval application, attaching a brief statement of reasons for the determination. The settlement approval application will be determined as soon as practicable by the issuing of the Member’s certificate.
A settlement approval decision is effectively binding on the parties.
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