Australian Capital Territory Consolidated Acts

CIVIL LAW (WRONGS) ACT 2002 - SECT 64

    (1)     A claimant must give a respondent—

        (a)     copies of the following in the claimant's possession:

              (i)     reports and other documents about the accident claimed to have given rise to the personal injury to which the claim relates;

              (ii)     reports about the claimant's medical condition or prospects of rehabilitation;

              (iii)     reports about the claimant's cognitive, functional or vocational capacity; and

        (b)     information reasonably requested by the respondent about any of the following:

              (i)     the accident;

              (ii)     the nature of the personal injury and of any consequent disabilities;

              (iii)     if applicable, the medical treatment and rehabilitation services the claimant has sought or obtained;

              (iv)     the claimant's medical history, as far as it is relevant to the claim, and any other claims for damages for personal injury made by the claimant;

              (v)     the claimant's claim for past and future economic loss;

              (vi)     any claim known to the claimant for gratuitous services consequent on the claimant's personal injury.

    (2)     The claimant must give the copies mentioned in subsection (1) (a)—

        (a)     within the period prescribed by regulation (or, if no period is prescribed, within 1 month after the day the claimant gives notice of the claim under part 5.2, or purportedly under part 5.2); and

        (b)     to the extent that a report or other document mentioned in subsection (1) (a) comes into the claimant's possession later, within 7 days after the day it comes into the claimant's possession.

    (3)     The claimant must respond to a request under subsection (1) (b) within the period prescribed by regulation (or, if no period is prescribed, within 1 month after the day the request is received).

    (4)     If a respondent requires information given by a claimant under this section to be verified by statutory declaration, the claimant must verify the information by statutory declaration.

    (5)     If a claimant fails, without proper reason, to comply fully with this section, the claimant is liable for costs to the respondent resulting from the failure.