Combination of actions under section 100 and proceedings for determination of compensation
101 Combination of actions under section 100 and proceedings for determination of compensation
Where a claimant for compensation has brought an action under section 100, the claimant, the Commonwealth or any other person appearing to the Federal Court to have a sufficient interest to justify the making of the application may apply to the Court for an order under subsection (3) in respect of the action.
An application may be made to the Court, whether before or after the making of a declaration under subsection 100(2).
On an application, the Court may:
if a declaration has been made under subsection 100(2)—order that the action be treated as if it included proceedings under section 108 for the determination of the amount of compensation payable to the claimant in respect of the loss suffered to which the declaration relates; or
in any other case—order that, if the Court makes a declaration under subsection 100(2), the action shall be treated as including proceedings under section 108 for the determination of the amount of compensation payable to the claimant in respect of the loss suffered to which the declaration relates.
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