New South Wales Repealed Regulations

This legislation has been repealed.

COMPENSATION COURT RULES 1990 - SECT 11.3

11.3 Answer

(1) A respondent to proceedings may, not later than 28 days after service on him of the originating process in the proceedings, file, and serve on all other parties to the proceedings, an answer setting out:

(a) any grounds on which he intends to deny wholly or partially the applicant’s claim,

(b) any respects in which he alleges that the applicant’s particulars are inaccurate or incomplete, including full particulars of any such allegation, and

(c) any fact and the effect of any document which he intends to bring to the notice of the Court or on which he intends to rely.

(2) Without limiting the generality of subrule (1), where a respondent intends:

(a) to deny wholly or partially that he is liable to pay to the applicant the compensation claimed or that the applicant is entitled to the relief sought, he shall set out in his answer a statement of the grounds on which and the extent to which he denies that he is so liable or that the applicant is so entitled, or

(b) to rely upon the fact that:

(i) any notice of injury or of incapacity or death was not given as required by the Workers Compensation Acts and the respondent is prejudiced in his defence by the want of that notice, or

(ii) that the claim for compensation was not made within the time limited by the Workers Compensation Acts,

he shall set out in his answer a detailed statement of that fact.

(3) A respondent shall not, at any hearing of the proceedings, except by consent of the applicant or by leave, given on terms, of the Court, raise any matter of defence not raised in the answer filed by him under this rule.

(4) Without limiting the generality of subrule (3), the applicant’s claim and particulars, and any respondent’s liability under the Workers Compensation Acts to pay the compensation claimed or to give the relief sought, shall, subject to:

(a) any matter of defence contained in an answer filed by the respondent under this rule,

(b) any consent of the applicant,

(c) any leave given by the Court (which leave may be given on terms) to file an answer or amend an answer, or

(d) the operation of Part 10 in relation to summary judgment,

be taken to be admitted for the purposes of the proceedings.

(5) For the purposes of subrules (3) and (4), a matter of defence may be raised in an answer by a denial or by a statement of non-admission, and either expressly or by necessary implication, and either generally or as to any particular allegation.