Document ID: chunk:federal_register_of_legislation:C2006C00126:clause:2_52a:p2
Version: federal_register_of_legislation:C2006C00126
Segment Type: clause
Provision Reference: sch 2 cl 52A (pt 2/2)
Character Range: 94326–95298

and
 (b) the party concerned has a right of representation in the hearing of that application.

 (8) If, in an action to which this section applies:
 (a) damages are awarded against the party claimed against; or
 (b) a settlement is agreed on that involves the payment of an amount by the party claimed against;
then, whether or not the conduct of that action was taken over by Comcare, Comcare must, on behalf of that party, pay any damages and costs awarded against that party in that action or any amount agreed to be paid by that party under the terms of settlement of that proceeding.

 (9) Any payment made by Comcare under subsection (8) is taken to have been made in satisfaction of the liability of the party claimed against to whom the payment relates.

 (10) If, in an action to which this section applies the conduct of which has been taken over by Comcare, any amount is payable by way of costs to the party claimed against, that amount is payable to Comcare.