Section 26M — Civil Liability Act 2002 (NSW)

(1) A victim trust fund is available to satisfy victim claims against the offender concerned as provided by this Division but only if the claim is eligible to be satisfied from the victim trust fund as provided by this section.
(2) A victim claim is eligible to be satisfied from a victim trust fund only if within the eligibility period for the victim trust fund—
(a) the person commences proceedings on the claim in a court (or proceedings by the person on the claim are pending in a court at the beginning of the eligibility period), and
(b) the person gives the protected defendant responsible for the victim trust fund notice in writing of those proceedings together with such details of those proceedings as the protected defendant may request, and
(c) the person certifies to the court before which those proceedings are taken that the person is making the claim as a claim that is eligible to be satisfied from the victim trust fund.
(3) The eligibility period for a victim trust fund comprising offender damages awarded to an offender is the period of 12 months following the date (the award date for those damages) on which the claim for those damages is finally determined by a court award of those damages.
(4) A claim is not finally determined if—
(a) any period for bringing an appeal as of right in respect of the claim has not expired (ignoring any period that may be available by way of extension of time to appeal), or
(b) any appeal in respect of the claim is pending (whether or not it is an appeal brought as of right).
(5) The protected defendant responsible for a victim trust fund must give the registrar of each court in which a victim claim may be brought notice of each victim claim of which the protected defendant is given notice under this section.

Related sections

• s 26J — Authority for deduction from damages
• s 26K — Interpretation
• s 26L — Offender damages to be held in trust as victim trust fund
• s 26N — Notice to persons entitled to make victim claim
• s 26O — Provision of information to persons entitled to claim
• s 26P — Commencement of victim claims proceedings despite expiry of limitation period

Research how courts apply s 26M

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