New South Wales Repealed Regulations

This legislation has been repealed.

DUST DISEASES TRIBUNAL REGULATION 2001

- Made under the Dust Diseases Tribunal Act 1989
- As at 2 March 2007
- Reg 467 of 2001

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
   8A.     First directions hearing fee
   9.      Other provisions relating to fees

   PART 3 - INVESTMENT

   10.     Percentage of interest etc payable to Treasurer

   PART 4 - CLAIMS RESOLUTION PROCESS FOR ASBESTOS-RELATED CONDITIONS

           Division 1 - Preliminary

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

           Division 2 - Claims subject to the claims resolution process

   16.     Which claims are subject to the claims resolution process
   17.     Effect of claim being subject to claims resolution process
   17A.    Service of documents
   18.     Removal of certain claims from claims resolution process

           Division 3 - Required information exchange

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

           Division 4 - Compulsory mediation

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

           Division 5 - Apportionment

   40.     Application to cross-defendants
   41.     Defendants to agree as to apportionment
   42.     Determination of apportionment failing agreement
   43.     Contributions Assessors
   44.     Effect of agreement or determination as to apportionment

           Division 6 - Multiple defendant claims—single claims manager

   45.     Application to cross-defendants
   46.     Requirement for single claims manager
   47.     Selection of SCM
   48.     Role and functions of SCM
   49.     Limitations on SCM’s role
   50.     Costs of the SCM

           Division 7 - Return of claims to the Tribunal

   51.     Non-urgent claims to be subject of directions hearing
   52.     Procedures for urgent claims

           Division 8 - Costs

   53.     Costs penalties

   PART 5 - SUBPOENAS

   54.     Interpretation and application
   55.     Conduct money
   56.     Production by non-party
   57.     Return of exhibits
   58.     Issue
   59.     Notice to be given to other parties concerning subpoenas requiring production
   60.     Access to subpoenaed material
   61.     Proposed access orders
   62.     Exercise of functions by Registrar
   63.     Time for service
   64.     Subpoena to medical expert
   65.     Setting aside
   66.     Expense and loss
   67.     Alteration to obligations
   68.     Special powers of Tribunal
   69.     Application of Part 3.10 of Evidence Act 1995

   PART 6 - OFFERS OF COMPROMISE

   70.     Part displaces rules
   71.     Definitions
   72.     Making of offer
   73.     Where offer not accepted and judgment no less favourable to plaintiff
   74.     Where offer not accepted and judgment as or less favourable to plaintiff
   75.     Costs with respect to interest
   76.     Acceptance of offer
   77.     Withdrawal of acceptance
   78.     Failure to comply with accepted offer
   79.     Disclosure of offer to Tribunal or arbitrator
   80.     Offer to contribute

   PART 7 - MISCELLANEOUS

   81.     Legal practitioners to provide information about claims
   82.     Costs assessment
           SCHEDULE 1
           SCHEDULE 2