Northern Territory Consolidated Acts

PERSONAL INJURIES (CIVIL CLAIMS) ACT - SECT 4

(1) In this Act, unless the contrary intention appears -

"applicable scale of costs", in relation to a proceeding, means the scale of costs applicable to the proceeding in the court in which the proceeding is conducted;

"claim" means a claim for damages;

"claimant" means a person making a claim and includes a person making a claim on behalf of a person under a disability;

"contributor", in relation to a claim, means a person from whom the respondent claims an indemnity or a contribution in respect of the respondent's liability;

"costs" -

(a) in relation to legal costs, includes disbursements, whether or not a party has legal representation; and

(b) in relation to the costs incurred by a respondent in respect of a claim, includes -

(i) the amount paid by the respondent to the injured person or for the injured person's benefit, including the costs of providing rehabilitation services and paying private hospital, medical and pharmaceutical expenses; and

(ii) the costs of investigating the claim and of litigation related to the claim, but not the respondent's general administration costs;

"court" -

(a) in relation to a claim in respect of which no proceeding has been commenced, means the court with jurisdiction to hear the claim; and

(b) in relation to a claim in respect of which a proceeding has been commenced, means the court in which the proceeding is conducted;

"damages" means damages for a personal injury;

"disabled person" means a person who, by reason of age, disease, illness or mental or physical infirmity, is incapable of managing his or her affairs in respect of legal proceedings;

"final offer" means a final offer made under section 11;

"hospital report" means a statement in writing concerning an injured person made by or on behalf of a hospital, rehabilitation centre or other medical institution;

"incident", in relation to a personal injury, means the incident, accident, circumstance, act or omission alleged to have caused the injury;

"limitation period", in relation to a claim, means the limitation period that would, but for this Act, apply under the Limitation Act to the commencement of a proceeding in respect of that claim;

"medical expert" means a person lawfully practising in a branch of medicine, psychology, psychiatry, dentistry, pharmacology, occupational therapy, physiotherapy, rehabilitation, ergonomics or related field;

"medical report" means a statement in writing by a medical expert concerning an injured person and includes a document that the medical expert intends should be read with the statement, whether the document was in existence at the time the statement was made or was a document that he or she obtained or caused to be brought into existence subsequently;

"notice of claim" means a notice given under section 8;

"person under a disability" means an infant, a disabled person or a convicted person who, after conviction, is undergoing a sentence of imprisonment;

"personal injury" includes -

(a) a fatal injury;

(b) a prenatal injury;

(c) a psychological or psychiatric injury;

(d) a disease; and

(e) the aggravation, exacerbation or acceleration of a
pre-existing injury or condition;

"proceeding" means a proceeding in respect of a claim;

"rehabilitation" includes the use of medical, psychological, physical, social, educational or vocational measures -

(a) to restore, as far as is reasonably possible, physical or mental functions lost or impaired as a result of a personal injury; or

(b) to optimise, as far as is reasonably possible, the quality of life of a person who suffers the loss or impairment of physical or mental functions as a result of a personal injury;

"resolution conference" means a conference referred to in section 11;

"respondent", in relation to a claim or proceeding, means the person from whom the claimant seeks damages;

"Rules" means rules made under Part 2, Division 3;

"structured settlement" has the same meaning as in Part 4, Division 6 of the Personal Injuries (Liabilities and Damages) Act .

(2) Subject to a contrary intention, a reference in this Act to a respondent is, in relation to a claim or proceeding in which there is more than one respondent, a reference to each respondent.