Personal Injuries Proceedings Act 2002

If there are 2 or more respondents to a claim, 1 of the respondents (the respondents’ claim manager) may act for 1 or more of the other respondents under this division, division 2 and part 3 with the agreement of the other respondents.

The respondents’ claim manager—

may exercise the powers and perform the duties conferred by this division, division 2 and part 3 in relation to the claim and the claimant for all respondents for whom the respondents’ claim manager acts; and

must act as far as practicable with the agreement of the other respondents for whom the respondents’ claim manager acts.

Action taken or an agreement made by the respondents’ claim manager in relation to the claim is binding on each respondent for whom the respondents’ claim manager acts so far as it affects the claimant.

However, if the respondents’ claim manager acts beyond the scope of the respondents’ claim manager’s authority under the agreement under subsection (1), the respondents’ claim manager is liable to each other respondent who is a party to the agreement for any loss suffered by the other respondent.

If there are 2 or more respondents to a claim and a respondents’ claim manager is not acting for all the respondents, the respondents must cooperate with each other, to the greatest extent practicable, to ensure that all respondents are in a position to participate in the compulsory conference with the claimant at the earliest possible opportunity.