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9.4 Actions against Third Parties (i.e. 'recovery of damages' and S48)


With the exception of a number of circumstances as outlined in 9.4.1, section 48 operates regardless of whether the dependant's action is conducted against the Commonwealth as permitted by S44(3) or against a third party responsible for the death (e.g. a person involved in a motor vehicle accident in which the employee lost his/her life).

That is, generally the operation of S48 is not altered by who/what was sued by the dependant. See 9.3 above, for the effect of S48.