Document ID: chunk:federal_register_of_legislation:C2025C00116:section:59:p2
Version: federal_register_of_legislation:C2025C00116
Segment Type: section
Provision Reference: s 59 (pt 2/3)
Character Range: 123383–126066

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 the plaintiff.
 (6) If the employer institutes, or takes over the conduct of, proceedings under this section, the employer may:
 (a) subject to subsection (7), settle the proceedings, either with or without obtaining judgment; and
 (b) if a judgment is obtained in the proceedings in favour of the plaintiff—take such steps as are necessary to enforce the judgment.
 (7) The employer may only settle the proceedings:
 (a) with the written consent of the employee or dependant in whose name the proceedings were instituted; or
 (b) without the consent of the employee or dependant in whose name the proceedings were instituted if the employee or dependant withholds consent unreasonably.
 (8) Subject to subsection (7), if the employer requires the employee or dependant to sign any document relevant to proceedings instituted or taken over by the employer under this section (including the settlement of the proceedings), the employee or dependant must sign it and, if he or she fails to do so, the court or tribunal in which the proceedings are taken may direct that the document may be signed on his or her behalf by a person appointed by the employer for the purpose.
 (9) If the employer institutes, or takes over the conduct of, proceedings under this section, the employee or dependant must comply with any reasonable requirement of the employer for the purpose of the proceedings and, if the employee or dependant fails do so, the right of the employee or dependant to compensation under this Act in respect of the injury, loss, damage or death to which the proceedings relate is suspended until such time as the employee or dependant complies with that requirement.
 (10) If a right to compensation is suspended under subsection (9), compensation is not payable in respect of the period of the suspension.
 (11) Any damages awarded under a judgment obtained in proceedings referred to in this section, or payable as a result of the settlement of such proceedings, must be paid to the employer and the employer must deduct from the amount of those damages:
 (a) an amount equal to the total of all amounts of compensation paid to the employee or dependant under this Act in respect of the injury, loss, damage or death to which the proceedings relate; and
 (b) the amount of any costs of or incidental to those proceedings paid by the employer;
and must pay the balance (if any) to the employee or dependant.
 (12) If the employer