4.1 Overview

This chapter contains the following sections:

Source URL: https://clik.dva.gov.au/military-compensation-mrca-manuals-and-resources-library/policy-manual/ch-4-liabilities-arising-apart-act/41-overview

4.2 Common law action against the Commonwealth or a potentially liable member

This chapter contains the following sections:

Source URL: https://clik.dva.gov.au/military-compensation-mrca-manuals-and-resources-library/policy-manual/ch-4-liabilities-arising-apart-act/42-common-law-action-against-commonwealth-or-potentially-liable-member

4.2.1 Restriction on action against the Commonwealth or a potentially liable member

This chapter contains the following sections:

Source URL: https://clik.dva.gov.au/military-compensation-mrca-manuals-and-resources-library/policy-manual/ch-4-liabilities-arising-apart-act/42-common-law-action-against-commonwealth-or-potentially-liable-member/421-restriction-action-against-commonwealth-or-potentially-liable-member

4.2.2 Action for damages against the Commonwealth or a potentially liable member for non-economic loss

This chapter contains the following sections:

Source URL: https://clik.dva.gov.au/military-compensation-mrca-manuals-and-resources-library/policy-manual/ch-4-liabilities-arising-apart-act/42-common-law-action-against-commonwealth-or-potentially-liable-member/422-action-damages-against-commonwealth-or-potentially-liable-member-non

4.2.3 Action for damages related to a service death

This chapter contains the following sections:

Source URL: https://clik.dva.gov.au/military-compensation-mrca-manuals-and-resources-library/policy-manual/ch-4-liabilities-arising-apart-act/42-common-law-action-against-commonwealth-or-potentially-liable-member/423-action-damages-related-service-death

4.2.4 Notification of common law actions

This chapter contains the following sections:

Source URL: https://clik.dva.gov.au/military-compensation-mrca-manuals-and-resources-library/policy-manual/ch-4-liabilities-arising-apart-act/42-common-law-action-against-commonwealth-or-potentially-liable-member/424-notification-common-law-actions

4.3 Liability of third parties and access to common law actions against a third party

This chapter contains the following sections:

Source URL: https://clik.dva.gov.au/military-compensation-mrca-manuals-and-resources-library/policy-manual/ch-4-liabilities-arising-apart-act/43-liability-third-parties-and-access-common-law-actions-against-third-party

4.3.1 Notification of third party common law actions

This chapter contains the following sections:

Source URL: https://clik.dva.gov.au/military-compensation-mrca-manuals-and-resources-library/policy-manual/ch-4-liabilities-arising-apart-act/43-liability-third-parties-and-access-common-law-actions-against-third-party/431-notification-third-party-common-law-actions

4.3.2 Entitlements affected by third party common law action

This chapter contains the following sections:

Source URL: https://clik.dva.gov.au/military-compensation-mrca-manuals-and-resources-library/policy-manual/ch-4-liabilities-arising-apart-act/43-liability-third-parties-and-access-common-law-actions-against-third-party/432-entitlements-affected-third-party-common-law-action

4.3.3 MRCC instituting or taking over a common law action against a third party

This chapter contains the following sections:

Source URL: https://clik.dva.gov.au/military-compensation-mrca-manuals-and-resources-library/policy-manual/ch-4-liabilities-arising-apart-act/43-liability-third-parties-and-access-common-law-actions-against-third-party/433-mrcc-instituting-or-taking-over-common-law-action-against-third

4.3.4 Entitlement to treatment after successful common law action where a person has multiple eligibility e.g. MRCA/VEA

This chapter contains the following sections:

Source URL: https://clik.dva.gov.au/military-compensation-mrca-manuals-and-resources-library/policy-manual/ch-4-liabilities-arising-apart-act/43-liability-third-parties-and-access-common-law-actions-against-third-party/434-entitlement-treatment-after-successful-common-law-action-where

4.4 Payment of damages to the Commonwealth

This chapter contains the following sections:

Source URL: https://clik.dva.gov.au/military-compensation-mrca-manuals-and-resources-library/policy-manual/ch-4-liabilities-arising-apart-act/44-payment-damages-commonwealth

4.5 Summary of the recovery and compensation provisions following a successful common law action

This chapter contains the following sections:

Source URL: https://clik.dva.gov.au/military-compensation-mrca-manuals-and-resources-library/policy-manual/ch-4-liabilities-arising-apart-act/45-summary-recovery-and-compensation-provisions-following-successful-common-law-action

4.5.1 Where a dependant successfully sues the Commonwealth in respect of a death

This chapter contains the following sections:

Source URL: https://clik.dva.gov.au/military-compensation-mrca-manuals-and-resources-library/policy-manual/ch-4-liabilities-arising-apart-act/45-summary-recovery-and-compensation-provisions-following-successful-common-law-action/451-where-dependant-successfully-sues-commonwealth-respect

4.5.2 Where a member sues the Commonwealth or a potentially liable member in respect to non-economic loss related to an injury or disease

This chapter contains the following sections:

Source URL: https://clik.dva.gov.au/military-compensation-mrca-manuals-and-resources-library/policy-manual/ch-4-liabilities-arising-apart-act/45-summary-recovery-and-compensation-provisions-following-successful-common-law-action/452-where-member-sues-commonwealth-or-potentially-liable

4.5.3 Where the MRCC takes over or institutes proceedings against a third party

This chapter contains the following sections:

Source URL: https://clik.dva.gov.au/military-compensation-mrca-manuals-and-resources-library/policy-manual/ch-4-liabilities-arising-apart-act/45-summary-recovery-and-compensation-provisions-following-successful-common-law-action/453-where-mrcc-takes-over-or-institutes-proceedings-against

4.5.4 Where a person or a dependant recovers damages from a third party

This chapter contains the following sections:

Source URL: https://clik.dva.gov.au/military-compensation-mrca-manuals-and-resources-library/policy-manual/ch-4-liabilities-arising-apart-act/45-summary-recovery-and-compensation-provisions-following-successful-common-law-action/454-where-person-or-dependant-recovers-damages-third-party

4.6 Payment of Private Insurance Benefits

This chapter contains the following sections:

Source URL: https://clik.dva.gov.au/military-compensation-mrca-manuals-and-resources-library/policy-manual/ch-4-liabilities-arising-apart-act/46-payment-private-insurance-benefits

4.7 Defence Abuse Reparation Scheme payments

This chapter contains the following sections:

Source URL: https://clik.dva.gov.au/military-compensation-mrca-manuals-and-resources-library/policy-manual/ch-4-liabilities-arising-apart-act/47-defence-abuse-reparation-scheme-payments

Ch 4 Liabilities Arising Apart from this Act

4.1 Overview

4.2 Common law action against the Commonwealth or a potentially liable member

4.2.1 Restriction on action against the Commonwealth or a potentially liable member

4.2.2 Action for damages against the Commonwealth or a potentially liable member for non-economic loss

4.2.3 Action for damages related to a service death

4.2.4 Notification of common law actions

4.3 Liability of third parties and access to common law actions against a third party

4.3.1 Notification of third party common law actions

4.3.2 Entitlements affected by third party common law action

4.3.3 MRCC instituting or taking over a common law action against a third party

4.3.4 Entitlement to treatment after successful common law action where a person has multiple eligibility e.g. MRCA/VEA

4.4 Payment of damages to the Commonwealth

4.5 Summary of the recovery and compensation provisions following a successful common law action

4.5.1 Where a dependant successfully sues the Commonwealth in respect of a death

4.5.2 Where a member sues the Commonwealth or a potentially liable member in respect to non-economic loss related to an injury or disease

4.5.3 Where the MRCC takes over or institutes proceedings against a third party

4.5.4 Where a person or a dependant recovers damages from a third party

4.6 Payment of Private Insurance Benefits

4.7 Defence Abuse Reparation Scheme payments