Subsection 50 of the SRCA applies where damages are recovered:
Thus, if the MRCC makes a claim or a fresh claim against a third party on behalf of a dependant or takes over the conduct of such a claim, double-dipping is prevented by calculating the amount payable under the SRCA to the dependant as follows:
Note that under sub-section 50(2), where the MRCC takes over a claim it is responsible for paying all costs of the claim. Only the incidental costs are recoverable as indicated above.
Should the damages be less than the person would have received under the Act if there had been no third party action, an amount of compensation is payable under the SRCA so that the dependant receives the total amount to which they are entitled. The amount payable is calculated as per the calculations set out above.
Links
[1] https://clik.dva.gov.au/user/login?destination=node/20628%23comment-form