Failure to comply with Commission’s request made under section 30E
30F Failure to comply with Commission’s request made under section 30E
If, within a reasonable time after a notice under section 30E is given to a veteran or a dependant of a veteran, the veteran or dependant:
refuses or fails to institute proceedings; or
discontinues proceedings that have been instituted;
the Commission may, on behalf of the veteran or dependant, institute proceedings or new proceedings against the person for recovery of damages in respect of the incapacity or death.
If, within a reasonable time after a notice is given, a veteran or a dependant of a veteran fails to prosecute properly proceedings that have been instituted, the Commission may take over the conduct of the proceedings.
If a veteran or a dependant of a veteran institutes proceedings under a notice but refuses or fails to prosecute the proceedings properly, the Commonwealth may take over the conduct of the proceedings.
Commonwealth liability to pay costs
The Commonwealth is liable to pay all the plaintiff’s costs of, or incidental to, the proceedings. The Commonwealth is not liable to pay costs that the plaintiff unreasonably incurs.
Commonwealth may settle etc. proceedings
If the Commonwealth:
institutes proceedings; or
takes over the conduct of the proceedings;
the Commonwealth may:
settle the proceedings, with or without obtaining judgment; and
if a favourable judgment is given in favour of the plaintiff—take such steps as are necessary to enforce that judgment.
Veteran or dependant of veteran must sign all documents relating to proceedings
The veteran, or a dependant of the veteran, must sign any document relevant to the proceedings, including settlement of the proceedings, that the Commonwealth requires the veteran or the dependant to sign.
If the veteran or the dependant fails to sign any such document, the court or tribunal in which the proceedings are being held may direct that the document be signed on his or her behalf by a person appointed by the court or tribunal for that purpose.
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