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To streamline the settlement administration process, we require one individual (who is authorised to represent the Claimant) to be the dedicated Contact person for the duration of the settlement.

Assigning a Contact person

To streamline the settlement administration process, we require one individual (who is authorised to represent the Claimant) to be the dedicated Contact person for the duration of the settlement.

The best point of contact may be different depending on your circumstances, for example:

  • If the Claimant is a company, the Contact may be a director, company secretary or similar.
  • If the Claimants are married or partners, then one of them may be the designated Contact for both claims.
     

In situations where there has been a death, divorce, or a company has gone into liquidation or ceased trading, the best point of contact may be a third party, for example:

  • If the Claimant has died, the Contact will likely be an executor.
  • If the Claimant is a company that has gone into liquidation, the Contact will likely be the liquidator.

Understanding a Contact's authority

A Contact will have the authority to represent the Claimant where:

  • The Contact has been specifically authorised by the Claimant to act on their behalf in relation to this settlement administration; and/or
  • The Contact is otherwise legally authorised to do so; and/or
  • The Contact falls within one of the specific categories of authorised representatives which are listed below.
     

To help us understand the Contact’s authority to represent the Claimant, we will ask the they select which type of entity each Claimant they are representing is, and on what basis they are representing that Claimant. These include:

  • Individual – I am the Claimant, Legal Guardian, Other
  • Company – Director, Employee, Company Secretary, Other
  • Trust – Trustee, Beneficiary, Other
  • Partnership – Partner, Employee, Other
  • Estate – Executor, Administrator, Beneficiary, Other
  • Sole Trader – Owner
  • Deregistered Company – Director, Employee, Company Secretary, Other
  • Dissolved Trust – Trustee, Beneficiary, Other
  • Dissolved Partnership – Partner, Employee, Other
  • Dissolved Sole Trader – Owner
     

If none of the listed entity types accurately describe your situation, select the most similar entity, select ‘Other’ as the relationship to the entity and then leave us a note describing your basis for representing the claimant.  

In some cases, we may request further evidence of a person’s authority to represent a Claimant.


What are the Specific Categories of Authorised Representative?

The specific categories of authorised representative recognised under the Settlement Scheme are:

  • Insurers or other persons who have indemnified one or more Group Members in respect of any loss or damage arising out of the factual matters pleaded in the proceeding.
  • Persons authorised to act on behalf of bodies corporate or other bodies that hold property, such as a director, the company secretary or an employee.
  • Persons authorised to act on behalf of deceased estates, meaning:

    An executor of a deceased Group Member’s estate, provided that the executor provides:

1. A copy of the Group Member’s death certificate;
2. A copy of the Group Member’s will; and
3. A statutory declaration confirming that they will act in accordance with the will in relation to the settlement payment and deceased Group Member’s estate; or

If the Group member died intestate (i.e. without a will),
a person who represents the deceased Group Member’s estate, provided that the person provides:
1. A copy of the Group Member’s death certificate; and
2. A statutory declaration confirming that they will act in accordance with the laws of intestacy in relation to the settlement payment and deceased Group Member's estate.
3. We may also require the executor or representative to provide Grant of Probate or Letters of Administration.

  • Persons authorised to act on behalf of a partnership, meaning a person who declares to us that they are a partner in or agent of the partnership.
  • Persons authorised to act on behalf of Group Members under a legal incapacity.
    NOTE: Where we become aware that a Group member is a ‘person under a legal incapacity’ within the meaning of the Civil Procedure Act 2005 (NSW), a ‘tutor’ must be appointed to represent the Group Member in relation to the operation of the Settlement Scheme.
  • Persons authorised to act on behalf of a trust, meaning:
    • A person who declares to us that they are a trustee or agent of the trust; or
    • If the trust has dissolved or a trustee or agent of the trust is unwilling or unable to act, a beneficiary of the trust.
  • Persons authorised to act on behalf of a deregistered body.

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Our Canberra office is now closed, but our team continues to serve ACT clients and are available for phone and video appointments. If you need legal advice, please call us on 1800 675 346.

We have lawyers who specialise in a range of legal claims who travel to Tasmania. If you need a lawyer in Hobart, Launceston or elsewhere in Tasmania, please call us on 1800 675 346.