CIVIL LAW (WRONGS) ACT 2002 - SECT 79 Need for urgent proceeding

CIVIL LAW (WRONGS) ACT 2002 - SECT 79

    (1)     The court, on application by a claimant, may give leave to the claimant to begin a proceeding in the court for damages based on a liability for personal injury despite noncompliance with this chapter if the court is satisfied there is an urgent need to begin the proceeding.

    (2)     The order giving leave may be made on conditions the court considers appropriate having regard to the circumstances of the case.

    (3)     If leave is given, the proceeding begun by leave is stayed until the claimant complies with this chapter or the proceeding is discontinued or otherwise ends.

    (4)     However, the proceeding is not stayed if—

        (a)     the court is satisfied that—

              (i)     the claimant is suffering from a terminal condition; and

              (ii)     the trial of the proceeding should be expedited; and

        (b)     the court orders the proceeding be given priority in the allocation of a trial date.

    (5)     If, under subsection (4), the proceeding is not stayed, this chapter (other than this section) does not apply in relation to the personal injury.