Section 238 — Workers Compensation Act 1987 (NSW)

(cf former s 30ZB)
(1) If—
(a) the liquidator of an insolvent insurer applies to any court for directions in relation to any particular matter arising under the winding up,
(b) the exercise by the liquidator of an insolvent insurer of any of the liquidator’s functions, whether under this Division or not, is challenged, reviewed or called into question in proceedings before any court, or
(c) any other matter that concerns or may affect the operation of this Division is raised in proceedings before any court,
the Authority may intervene at any stage of the proceedings before that court, by counsel, solicitor or agent, and shall thereupon become a party to, and shall have all the rights of a party to, those proceedings before that court, including the right to appeal against any order, judgment or direction of the court.
(2) In any case in which the Attorney General might take proceedings on the relation or on behalf or for the benefit of a person who is (or who would but for the dissolution of the insolvent insurer be) entitled, under a policy of insurance issued by an insolvent insurer, to be indemnified against a claim, judgment or award arising from or relating to the policy, being proceedings for or with respect to enforcing or securing the observance of any provision made by or under this Division, any Act or any rule of law, the Authority shall be deemed to represent sufficiently the interests of the public and may take the proceedings in its own name.
(3) The Authority is entitled to be paid, out of the Guarantee Fund, all the costs and expenses incurred by the Authority in exercising the powers conferred by this section.

Related sections

• s 235 — Recovery of amounts under contracts or arrangements for reinsurance
• s 236 — Payments of workers compensation when insolvent insurer dissolved
• s 237 — Inspection of documents etc by person authorised by Minister
• s 239 — Regulations
• s 239AA — Definitions
• s 239AB — Meaning of “act of terrorism”

Research how courts apply s 238

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