Document ID: chunk:federal_register_of_legislation:C2025C00116:section:59:p1
Version: federal_register_of_legislation:C2025C00116
Segment Type: section
Provision Reference: s 59 (pt 1/3)
Character Range: 120969–123628

59  Proceedings against third parties
 (1) Subject to subsection (1A), this section applies if:
 (a) an amount of compensation under this Act:
 (i) is paid to an employee in respect of an injury to the employee or in respect of the loss of, or damage to, property used by the employee; or
 (ii) is paid for the benefit of a dependant of a deceased employee in respect of an injury that resulted in the death of the employee; and
 (b) the injury, loss, damage or death occurred in circumstances that appear to create a legal liability in a person to pay damages in respect of the injury, loss, damage or death.
 (1A) A reference in subsection (1) to compensation paid for the benefit of a dependant under this Act does not include a reference to compensation paid under subsection 29(5).
 (2) If:
 (a) this section applies; and
 (b) the employee or dependant consents, in writing, to the employer instituting proceedings, or taking over the conduct of proceedings against the person, for the purposes of recovering the damages in respect of the injury, loss, damage or death;
the employer may institute proceedings or fresh proceedings against the person in the name of the employee or dependant for the recovery of damages in respect of the injury, loss, damage or death or may take over the conduct of the proceedings, as the case requires.
 (3) If:
 (a) this section applies; and
 (b) the employee or dependant does not consent to the employer instituting proceedings, or taking over the conduct of proceedings against the person, for the purposes of recovering the damages in respect of the injury, loss, damage or death; and
 (c) proceedings against the person for the purpose of recovering such damages:
 (i) have not been instituted by the employee or by or for the benefit of the dependant and the delay in instituting the proceedings is unreasonable; or
 (ii) have been so instituted but have not been properly prosecuted;
the employer may institute proceedings or fresh proceedings against the person in the name of the employee or dependant for the recovery of damages in respect of the injury, loss, damage or death or may take over the conduct of the proceedings, as the case requires.
 (4) If the employer institutes proceedings or fresh proceedings or takes over the conduct of proceedings under subsection (2) or (3) the employer must conduct the proceedings in the interests of the person in whose name the proceedings were instituted.
 (5) The employer is liable to pay all costs of, or incidental to, any proceedings taken over by it, being costs payable by the plaintiff in those proceedings, other than those costs unreasonably incurred by