Court Procedures Rules 2006

This rule applies if an applicant dependant or personal representative and each respondent other than the employer (the other parties) accept payment of an amount under rule 3959 (Arbitration—acceptance of payment for deceased worker).

Further proceedings against the employer are stayed and—

if the other parties agree about the apportionment and application of the amount—the court may make an award for the apportionment and application of the amount; or

in any other case—the arbitration may proceed as between the other parties.

The court may order the employer to pay any costs of another party properly incurred before the party receives notice about the employer’s submission or payment, and in relation to the notice of the submission or payment and to its acceptance).

Pt 6.2 (Applications in proceedings) applies to an application for an order under this rule.