Insurance Act 1973

A person cannot begin or continue a proceeding in a court or tribunal covered by subsection (9) in respect of a general insurer if the general insurer is under judicial management.

Subsection (1) does not apply if:

the court or tribunal grants leave for the proceedings to be begun or continued on the ground that the person would be caused hardship if leave were not granted; and

the beginning or continuing of the proceedings is in accordance with such terms (if any) as the court or tribunal imposes.

A person intending to apply for leave of the court or tribunal under paragraph (2)(a) must give APRA and the judicial manager at least 10 days notice of the intention to apply (or a shorter period, if the court or tribunal considers that exceptional circumstances make this necessary).

APRA may apply to the court or tribunal to be joined as a party to the proceedings for leave. If APRA is joined as a party, the court or tribunal must have regard to APRA’s views in deciding:

whether to grant leave under paragraph (2)(a); and

if the court or tribunal decides to grant the leave—whether to impose terms as mentioned in paragraph (2)(b); and

if the court or tribunal decides to impose such terms—the nature of those terms.

The judicial manager may apply to the court or tribunal to be joined as a party to the proceedings for leave. If the judicial manager is joined as a party, the court or tribunal must have regard to the judicial manager’s views in deciding:

whether to grant leave under paragraph (2)(a); and

if the court or tribunal decides to grant the leave—whether to impose terms as mentioned in paragraph (2)(b); and

if the court or tribunal decides to impose such terms—the nature of those terms.

Subsection (1) also does not apply if the judicial manager, after considering APRA’s views, consents to the proceedings beginning or continuing.

The judicial manager cannot revoke a consent given for the purposes of subsection (6).

The judicial manager is not liable to an action or other proceedings for damages in respect of a refusal to give consent under subsection (6).

A proceeding in a court or tribunal is covered by this subsection in respect of a general insurer if it is any of the following:

a proceeding against the general insurer (including a cross‑claim or third party claim against the general insurer);

a proceeding in relation to property of the general insurer;

a proceeding to enforce any security (including a mortgage or charge) granted by the general insurer, or by a related body corporate of the general insurer, over any property that the general insurer owns, uses, possesses, occupies or in which the general insurer otherwise has an interest.

Subsection (9) does not cover a proceeding in respect of an offence or a contravention of a provision of a law for which a pecuniary penalty (however described) may be imposed.

In this section, a reference to a tribunal includes a reference to the following:

an industrial tribunal;

an arbitral tribunal.