9.13 Effect of legal actions ('recovery of damages') under 1971 Act
Section 99 of the 1971 Act is the counterpart of Section 48 of the SRCA. That is, it acts to limit the compensation payable in situations where the dependant also recovers damages by means of a common law action against the Commonwealth (or a third party). However the action of S99 of the 1971 Act differs in a number of respects from provisions of the current Act.
Source URL: https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/death-handbook/ch-9-legal-actions-respect-death/913-effect-legal-actions-recovery-damages-under-1971-act
9.13.1 Where the court awards 100% of claimed losses to a dependant
Section 99 of the 1971 Act is the counterpart of Section 48 of the SRCA. That is, it acts to limit the compensation payable in situations where the dependant also recovers damages by means of a common law action against the Commonwealth (or a third party). However the action of S99 of the 1971 Act differs in a number of respects from provisions of the current Act.
Source URL: https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/death-handbook/ch-9-legal-actions-respect-death/913-effect-legal-actions-recovery-damages-under-1971-act/9131-where-court-awards-100-claimed-losses-dependant
9.13.2 Where the court reduces damages due to the employee's negligence
Section 99 of the 1971 Act is the counterpart of Section 48 of the SRCA. That is, it acts to limit the compensation payable in situations where the dependant also recovers damages by means of a common law action against the Commonwealth (or a third party). However the action of S99 of the 1971 Act differs in a number of respects from provisions of the current Act.
Source URL: https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/death-handbook/ch-9-legal-actions-respect-death/913-effect-legal-actions-recovery-damages-under-1971-act/9132-where-court-reduces-damages-due-employees-negligence
9.13.3 Other provisions of Section 99
Section 99 of the 1971 Act is the counterpart of Section 48 of the SRCA. That is, it acts to limit the compensation payable in situations where the dependant also recovers damages by means of a common law action against the Commonwealth (or a third party). However the action of S99 of the 1971 Act differs in a number of respects from provisions of the current Act.
Source URL: https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/death-handbook/ch-9-legal-actions-respect-death/913-effect-legal-actions-recovery-damages-under-1971-act/9133-other-provisions-section-99
9.13.4 S100 of 1971 Act - Re: Dependants not claiming compensation.
Section 99 of the 1971 Act is the counterpart of Section 48 of the SRCA. That is, it acts to limit the compensation payable in situations where the dependant also recovers damages by means of a common law action against the Commonwealth (or a third party). However the action of S99 of the 1971 Act differs in a number of respects from provisions of the current Act.
Source URL: https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/death-handbook/ch-9-legal-actions-respect-death/913-effect-legal-actions-recovery-damages-under-1971-act/9134-s100-1971-act-re-dependants-not-claiming-compensation