V.I.P. Insurances Limited (Motor Vehicles Insurance) Act 1978 (Qld)

250 Qlwltslan4 ANNO VICESIMO SEPTIMO ELIZABETHAE SECUNDAE REGINAE No. 31 of 1978 An Act to provide indemnity to persons whose motor vehicles are insured with V.I.P. Insurances Limited in compliance with the Motor Vehicles Insurance Act 1936 -1975 and for related purposes [ ASSENTED TO 8TH JUNE, 1978] BE IT ENACTED by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:- 1. Short title . This Act may be cited as the V.I.P. Insurances Limited (Motor Vehicles Insurance) Act 1978. 2. Meaning of terms. (1) In this Act, save where a contrary intention appears- " Company " means the corporation incorporated in the name, V.I.P. Insurances Limited; " Liquidator " means the person duly appointed liquidator or provisional liquidator of the Company;

V.I.P. Insurances Limited (Motor Vehicles Insurance ) Act 1978, No. 31 251 " Nominal Defendant (Queensland) " means the body corporate constituted under The Motor Vehicles Insurance Acts 1936 to 1961 under the name and style The Nominal Defendant (Queensland). (2) A term to which a meaning is assigned by the Motor Vehicles Insurance Act 1936-1975 has that meaning when used in this Act. 3. Claims to which this Act applies . This Act applies to claims for damages in respect of accidental bodily injury (fatal or non-fatal) to any person caused before 4:30 after noon on 19 April 1978 in any State or Territory of the Commonwealth of Australia by, through or in connexion with a motor vehicle insured under the Motor Vehicles Insurance Act 1936-1975 at the material time with the Company. 4. Substitution of Nominal Defendant for Company . Subject to this Act the Nominal Defendant (Queensland) has, to the exclusion of the Company, the same duties, liabilities, rights and powers in respect of any claim to which this Act applies as the Company would have had under the Motor Vehicles Insurance Act 1936-1975 and the relevant contract of insurance under that Act prior to 4:30 after noon on 19 April 1978 if the claim had been made to the Company before that time on that date. 5. Specific incidental powers of Nominal Defendant . The provisions of subsections (5) and (6) of section 4F of the Motor Vehicles Insurance Act 1936-1975 apply-with respect to a claim to which this Act applies. 6. Re-opening of settlements and consent or default judgments. (1) Where, on or after 25 April 1978, the parties to a claim to which this Act applies have settled the claim or a judgment in respect of the claim has been given by a court of competent jurisdiction with their consents or in default of appearance or of delivery of a defence, the Nominal Defendant (Queensland), if it considers the amount of damages agreed upon or adjudged to be paid to be excessive, may refuse to pay the damages. The Nominal Defendant (Queensland) may offer to pay a less amount in full settlement of the legal liability in respect of such damages of the owner or the estate of the owner of the vehicle in question. (2) A claimant aggrieved by such a refusal or offer may- (a) where the amount to which the refusal or offer relates was settled by agreement between the parties, prosecute his claim as if such settlement had never been made; (b) where the amount to which the refusal or offer relates was adjudged by a court of competent jurisdiction with the consents or in a default referred to in the preceding subsection, continue the proceedings as if such judgment had never been given therein and for enabling such continuation the court may enter such adjournments of the proceedings and give such other directions in respect thereof (including with respect to joining the Nominal Defendant (Queensland) in the proceedings) as it thinks necessary or expedient. 7. Stay of pending proceedings . Proceedings commenced before and pending at the date of passing of this Act in respect of a claim to which this Act applies shall not be continued until 21 days after the claimant has given notice thereof to the Nominal Defendant (Queensland).

252 V.I.P. Insurances Limited (Motor Vehicles Insurance ) Act 1978, No. 31 8. Reimbursement of other persons . In respect of a claim to which this Act applies the Nominal Defendant (Queensland) may reimburse any person on account of an amount of damages paid to the claimant by that person. 9. Particulars of claim to be furnished to Nominal Defendant. (1) A claimant shall notify in writing the Nominal Defendant (Queensland) of a claim to which this Act applies and shall therein state whether or not proceedings have been instituted in any court in respect of the claim and, if so, particulars of the proceedings. Such notification shall be given not later than 31 December 1978. (2) The Nominal Defendant (Queensland) may require in writing the claimant to furnish to it, within the time therein specified by it, such information and particulars with respect to the claim as it specifies in its requisition. Such a requisition shall be complied with within the time therein specified or within such extended time as the Nominal Defendant (Queensland) may allow in a particular case. (3) The Nominal Defendant (Queensland)- (a) shall refuse to pay a claim of which notification is given to it later than 31 December 1978; and (b) may, in its discretion, refuse to pay the claim of a claimant who, in any respect other than that referred to in paragraph (a), does not comply with the requirements of this section or of a requisition issued under this section. (4) A claimant who notifies his claim to the Nominal Defendant (Queensland) within the time prescribed shall be taken to have complied with subsection (1) notwithstanding that, at the time of such notification- (a) his claim cannot be quantified; or (b) in the case of a claimant for indemnity, his claim relates to a claim for damages that might be made against him in the future. (5) In this section the term " claimant " includes a person who is entitled to claim for damages in respect of accidental bodily injury, and a person who is entitled to claim for indemnity against a claim for damages in respect of accidental-bodily injury. 10. Recovery upon re - insurance . (I) Notwithstanding any other Act or law, where in respect of a contract of insurance under which is made a claim to which this Act applies there is or has been in existence a re-insurance or a treaty agreement or other agreement, the Nominal Defendant (Queensland) has and is vested with, to the exclusion of the Company, and is entitled to exercise in its name or in the name of the Company or of the Liquidator the rights had by the Company or the Liquidator under such re-insurance or agreement under the laws of the State. (2) Payment to the Nominal Defendant (Queensland) of moneys recoverable by it under the preceding subsection shall satisfy in full the liability of the payee to pay those moneys to any other person whomsoever.

V.I.P. Insurances Limited (Motor Vehicles Insurance) Act 1978, No. 31 253 11. Recovery against Company. Where the Nominal Defendant (Queensland) pays a claim to which this Act applies it shall be a creditor of and have the same rights against the Company as if the amount so paid were a debt due and payable to it and unpaid by the Company. For the purposes of this section the amount so paid shall be reduced by any sum recovered under section 10 or under regulation 17 of the regulations made under the Motor Vehicles Insurance Act 1936-1975. 12. Duty of Liquidator and Company ' s officers . The Liquidator and every officer of the Company shall furnish to the Nominal Defendant (Queensland) all such information and produce to it all such books and records as it requires from time to time concerning any claim to which this Act applies. 13. Limitation of aggregate liability. The aggregate of all claims to which this Act applies (including costs in respect of such claims) paid by the Nominal Defendant (Queensland) shall not exceed $500 000 plus the total of sums recovered by it under section 10 and under regulation 17 of the regulations made under the Motor Vehicles Insurance Act 1936-1975 and accordingly the Nominal Defendant (Queensland) is not liable to make in respect of any or all of such claims any payment that would increase such aggregate beyond the limit specified by this section.