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    Home Military Compensation SRCA Manuals and Resources Library Death Handbook
  1. Ch 9 Legal Action(s) in Respect of the Death

Ch 9 Legal Action(s) in Respect of the Death

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Military Compensation SRCA Manuals and Resources Library

  • 9.1 S44 Inapplicable re: Death Cases (i.e. Legal Action Vs Commonwealth is Possible)
  • 9.2 Life Insurance Policies
  • 9.3 Actions against the Commonwealth - Limitation by S48
  • 9.4 Actions against Third Parties (i.e. 'recovery of damages' and S48)
  • 9.4.1 Action aginst Third Parties instituted or taken over by the MRCC
  • 9.5 Not all Categories of Damages Recovered, are Subject to Limitation
  • 9.6 Recovery of Damages Negates Entitlement to ADB (as well as SRCA)
  • 9.7 Where Damages Recovered via State Laws ('specified law' and S119)
  • 9.8 Where Damages Recovered under Specified State laws - Effect on ADB
  • 9.9 Damages Recovered under State Workers Compensation - S118
  • 9.10 Notice of any Legal Action to be Given to the Department - Penalties
  • 9.11 Dependant(s) Refuse(s) S17 Payments and Sues Commonwealth or Third Party.
  • 9.12 Commonwealth may take over Proceedings Against Third Parties (S50)
  • 9.13 Effect of legal actions ('recovery of damages') under 1971 Act
  • 9.14 Effect of Legal Actions ('recovery of damages') under 1930 Act

Book traversal links for Ch 9 Legal Action(s) in Respect of the Death

8.4 Advice to Clients re: Right to Sue Commonwealth in Lieu of Compensation Last page Go up 9.1 S44 Inapplicable re: Death Cases (i.e. Legal Action Vs Commonwealth is Possible) Next page

Military Compensation SRCA Manuals and Resources Library

  • Death Handbook
    • Overview
    • Ch 1 Legislation and Definitions
    • Ch 2 Claims
    • Ch 3 Investigating the Nexus With Employment
    • Ch 4 Determining SRCA/ADB Lump Sum Entitlements
    • Ch 5 Determining Death Lump Sums for 1971 Act
    • Ch 6 Determining Death Lump Sums for 1930 Act
    • Ch 7 Other Death Benefits
    • Ch 8 Making Determinations re Death
    • Ch 9 Legal Action(s) in Respect of the Death
      • 9.1 S44 Inapplicable re: Death Cases (i.e. Legal Action Vs Commonwealth is Possible)
      • 9.2 Life Insurance Policies
      • 9.3 Actions against the Commonwealth - Limitation by S48
      • 9.4 Actions against Third Parties (i.e. 'recovery of damages' and S48)
      • 9.4.1 Action aginst Third Parties instituted or taken over by the MRCC
      • 9.5 Not all Categories of Damages Recovered, are Subject to Limitation
      • 9.6 Recovery of Damages Negates Entitlement to ADB (as well as SRCA)
      • 9.7 Where Damages Recovered via State Laws ('specified law' and S119)
      • 9.8 Where Damages Recovered under Specified State laws - Effect on ADB
      • 9.9 Damages Recovered under State Workers Compensation - S118
      • 9.10 Notice of any Legal Action to be Given to the Department - Penalties
      • 9.11 Dependant(s) Refuse(s) S17 Payments and Sues Commonwealth or Third Party.
      • 9.12 Commonwealth may take over Proceedings Against Third Parties (S50)
      • 9.13 Effect of legal actions ('recovery of damages') under 1971 Act
      • 9.14 Effect of Legal Actions ('recovery of damages') under 1930 Act
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