Insurance Act 1973

No enforcement process in relation to property of a general insurer can be begun or proceeded with if the general insurer is under judicial management.

Subsection (1) does not apply if:

the Federal Court grants leave for the process to be begun or continued on the ground that the person would be caused hardship if leave were not granted; or

the beginning or continuing of the process is in accordance with such terms (if any) as the Federal Court imposes.

A person intending to apply for leave of the Federal Court 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 Federal Court considers that exceptional circumstances make this necessary).

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

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

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

if the Federal Court decides to impose such terms—the nature of those terms.

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

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

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

if the Federal Court decides to impose such terms—the nature of those terms.

Subsection (1) also does not apply if the judicial manager consents to the process 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).