New South Wales Consolidated Regulations

DUST DISEASES TRIBUNAL REGULATION 2007

- Made under the Dust Diseases Tribunal Act 1989
- As at 30 May 2012
- Reg 113 of 2007

TABLE OF PROVISIONS

   PART 1 - PRELIMINARY

   1.      Name of Regulation
   2.      Definitions
   3.      Notes

   PART 2 - FEES

   4.      Fees chargeable
   5.      Fees not chargeable to the Crown
   6.      Pro bono cases
   7.      Postponement of fees in certain other cases
   8.      Persons by and to whom fees payable
   9.      First directions hearing fee
   10.     Other provisions relating to fees

   PART 3 - INVESTMENT

   11.     Percentage of interest etc payable to Treasurer

   PART 4 - CLAIMS RESOLUTION PROCESS FOR ASBESTOS-RELATED CONDITIONS

           Division 1 - Preliminary

   12.     Definitions
   13.     Objectives of claims resolution process
   14.     Part applies only to asbestos-related claims
   15.     Service of statement of particulars on last of original defendants
   16.     Transitional
   17.     Procedural law of the State

           Division 2 - Claims subject to the claims resolution process

   18.     Which claims are subject to the claims resolution process
   19.     Effect of claim being subject to claims resolution process
   20.     Suspension of claims resolution process if plaintiff dies
   21.     Service of documents
   22.     Removal of certain claims from claims resolution process

           Division 3 - Required information exchange

   23.     General obligations to update documents and information
   24.     Claimant to provide statement of particulars of claim
   25.     Cross-claims by defendant
   26.     Defendant to provide reply to claim
   27.     Requests for more information about dispute
   28.     Medical examinations
   29.     Party changing facts relied on
   30.     Access by parties to Dust Diseases Board file

           Division 4 - Compulsory mediation

   31.     Compulsory mediation
   32.     Timetable for referral for mediation
   33.     Timetable for conclusion of mediation
   34.     Referral for mediation-appointment of mediator
   35.     Nature of mediation
   36.     Representation at mediation sessions
   37.     Unsuccessful mediation-agreement as to issues in dispute
   38.     Costs penalties for unmeritorious disputes
   39.     Challenge to defendant’s contribution after successful mediation
   40.     Taking evidence by telecommunications link
   41.     Taking evidence outside New South Wales
   42.     Application of Uniform Civil Procedure Rules 2005 to giving of evidence
   43.     Agreements and arrangements arising from mediation
   44.     Liability of mediators
   45.     Privilege and secrecy
   46.     Costs of mediation

           Division 5 - Apportionment

   47.     Application to cross-defendants
   48.     Defendants to agree as to apportionment
   49.     Determination of apportionment failing agreement
   50.     Contributions Assessors
   51.     Contributions Assessors-special provision for conflict of interest
   52.     Effect of agreement or determination as to apportionment
   53.     Costs penalties where defendant disputes another defendant’s defence

           Division 6 - Special provision for apportionment claims commenced after plaintiff’s claim finalised

   54.     Application and interpretation
   55.     New cross-claim subject to claims resolution process
   56.     Copies of original claim particulars and replies to accompany new cross-claim statement of claim
   57.     Notice to original claim defendants of new cross-claim
   58.     New apportionment under Division 5

           Division 7 - Multiple defendant claims-single claims manager

   59.     Application to cross-defendants
   60.     Requirement for single claims manager
   61.     Selection of SCM
   62.     Role and functions of SCM
   63.     Limitations on SCM’s role
   64.     Costs of the SCM

           Division 8 - Return of claims to the Tribunal

   65.     Non-urgent claims to be subject of directions hearing
   66.     Procedures for urgent claims

           Division 9 - Costs

   67.     Costs penalties

   PART 5 - SUBPOENAS

   68.     Interpretation and application
   69.     Conduct money
   70.     Production by non-party
   71.     Return of exhibits
   72.     Issue
   73.     Notice to be given to other parties concerning subpoenas requiring production
   74.     Access to subpoenaed material
   75.     Proposed access orders
   76.     Exercise of functions by Registrar
   77.     Time for service
   78.     Subpoena to medical expert
   79.     Setting aside
   80.     Expense and loss
   81.     Alteration to obligations
   82.     Special powers of Tribunal
   83.     Application of Part 3.10 of Evidence Act 1995

   PART 6 - OFFERS OF COMPROMISE

   84.     Part displaces rules
   85.     Definitions
   86.     Making of offer
   87.     Where offer not accepted and judgment no less favourable to plaintiff
   88.     Where offer not accepted and judgment as or less favourable to plaintiff
   89.     Costs with respect to interest
   90.     Acceptance of offer
   91.     Withdrawal of acceptance
   92.     Failure to comply with accepted offer
   93.     Disclosure of offer to Tribunal or arbitrator
   94.     Offer to contribute

   PART 7 - MISCELLANEOUS

   95.     Legal practitioners to provide information about claims
   96.     Costs assessment
   97.     Repeal and savings
           SCHEDULE 1
           SCHEDULE 2