4.3.1 Notification of third party common law actions

Key points 

 

  • The MRCA requires the claimant to advise the Department of a common law claim against the third party for the same cause of action not later than 7 days after the claim is lodged,  

  • The MRCA also requires the claimant to advise the Department of a successful damages award no later than 28 days after the damages are recovered, 

  • The MRCA requires this to be done in writing, 

  • A failure to notify in writing is an offence. 

 

Note: where delegates require additional support about notifications of third-party common-law actions, they should seek assistance via the Delegate Support Framework. 

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

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