Combination of actions under section 72 and proceedings for determination of compensation
73 Combination of actions under section 72 and proceedings for determination of compensation
Where a claimant for compensation has brought an action under section 72, 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, unless the action has been dismissed, apply to the Court for an order under subsection (3) in respect of the action.
An application may be made to the Court at any time after the commencement of the action, whether before or after the making of a declaration under subsection 72(2).
On an application, the Court may:
if a declaration has been made under subsection 72(2)—order that the action be treated as if it included proceedings under section 82 for the determination of the amount of compensation payable to the claimant in respect of the acquisition of the interest to which the declaration relates; or
in any other case—order that, if the Court makes a declaration under subsection 72(2), the action shall be treated as including proceedings under section 82 for the determination of the amount of compensation payable to the claimant in respect of the acquisition of the interest to which the declaration relates.
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