Section 2.36 — Motor Accident Injuries Act 2017 (NSW)

(cf s 38 MACA)
(1) The Nominal Defendant is to allocate claims made against it to licensed insurers in accordance with the arrangements contained in the Insurance Industry Deed or as determined by the Authority.
(2) The Nominal Defendant is not required to allocate claims that are unlikely to involve a liability of the Nominal Defendant.
(3) A licensed insurer to whom a claim is allocated is authorised, on behalf of and in the name of the Nominal Defendant, to deal with the claim (and any proceedings relating to the claim) in such manner as it thinks fit.
(4) A licensed insurer may settle or compromise any such claim.
(5) A licensed insurer is authorised, on behalf of and in the name of the Nominal Defendant, to bring and prosecute proceedings under section 2.37 relating to any such claim and to settle or compromise those proceedings as it thinks fit.
(6) A licensed insurer is required to provide to the Authority such reports as the Authority may reasonably require in relation to any thing done by the licensed insurer under the authority of this section.

Related sections

• s 2.33 — Exclusion of acts of terrorism from claims against Nominal Defendant
• s 2.34 — Nominal Defendant as tortfeasor
• s 2.35 — Payment of claims against Nominal Defendant
• s 2.37 — Recovery from owner or driver
• s 2.38 — Establishment of Nominal Defendant’s Fund
• s 2.39 — Collections for Nominal Defendant’s Fund

Research how courts apply s 2.36

BriefBridge searches NSW and High Court caselaw by meaning — every answer cited to the paragraph.