PERSONAL INJURIES PROCEEDINGS ACT 2002 - As at 30 June 2022 - Act 24 of 2002
Table of Provisions
CHAPTER 1 - PRELIMINARY
PART 1 - INTRODUCTION
PART 2 - MAIN PURPOSE AND APPLICATION OF ACT
- 4 Main purpose
- 5 Act binds all persons
- 6 Application of Act
- 7 Provisions of this Act that are provisions of substantive law
PART 3 - INTERPRETATION
CHAPTER 2 - CLAIMS
PART 1 - PRE-COURT PROCEDURES
Division 1 - Claims procedures
- 9 Notice of a claim
- 9A Particular provision for notice of a claim procedure for medical negligence cases
- 10 Person to whom notice of a claim is given must give preliminary response to claimant
- 11 Acknowledgement that a person is a proper respondent to a claim is not an admission of liability
- 12 Respondent’s response to part 1 of a notice of a claim
- 13 Consequences for respondent of failure to respond to part 1 of a notice of a claim
- 14 Claimant may add other respondents
- 15 Multiple respondents
- 16 Respondent may add other person as contributor
- 17 Contributor’s response
- 18 Claimant’s failure to give part 1 of a notice of a claim
- 19 Legal disabilities
- 20 Respondent must attempt to resolve claim
Division 1A - Special provisions for notification of claims in relation to injuries to children arising out of medical treatment
- 20A Limitation of actions not affected
- 20B Application of div 1A
- 20C Notice of claim for damages for child
- 20D Respondent may apply for late claim not to proceed
- 20E To what the court must have regard in deciding application
- 20F Court may order that certain costs not be recovered
- 20G Notice of adverse incidents
- 20H Time by which claim must be made after notice of adverse incident
- 20I Matters to which the court must have regard in deciding application
- 20J Court may order that certain costs not be recovered
Division 2 - Obligations of the parties
- 21 Purpose of div 2
- 22 Duty of claimant to provide documents and information to respondent
- 23 Respondent and claimant may jointly arrange for expert report
- 24 Costs of obtaining expert report if report obtained by agreement
- 25 Examination of claimant by medical expert in absence of agreement between the parties 26. (Repealed)
- 27 Duty of respondent to give documents and information to claimant
- 28 Duty of respondent to give documents to contributor
- 29 Duty of contributor to give documents to respondent
- 29A Alternative provision if number of pages exceeds 200
- 30 Nondisclosure of particular material
- 31 Offence not to disclose particular material
- 32 Consequence of failure to give information
- 33 Privilege
- 34 No requirement to give documents or other information twice or if already in other party’s possession
Division 3 - Enforcement of divisions 1 and 2
- 35 Court’s power to enforce compliance with divs 1 and 2
Division 4 - Compulsory conferences
- 36 Compulsory conference
- 37 Exchange of material for compulsory conference
- 38 Procedure at conference
- 39 Parties to exchange mandatory final offers if claim not settled at compulsory conference
- 40 Provisions about mandatory final offers
- 41 Offer to contribute
- 42 Time for starting proceeding
Division 5 - Urgent proceedings
- 43 Starting urgent proceeding with the court’s leave
- 44 Starting urgent proceeding by agreement 45. (Repealed) 46. (Repealed)
PART 3 - PROCEEDINGS IN COURT
- 47 Exclusion of summary judgment on the basis of admissions
- 48 Consequences of failure to comply with claims procedures may result in adverse costs order 49. (Repealed) 50. (Repealed) 51. (Repealed) 52. (Repealed) 53. (Repealed) 54. (Repealed) 55. (Repealed)
- 56 Costs in cases involving damages awards of not more than an amount equal to the upper offer limit
- 57 General regulation of court awards 58. (Repealed)
- 59 Alteration of period of limitation
- 60 Recovery in case of fraud 61. (Repealed)
CHAPTER 3 - OTHER MATTERS
PART 1 - RESTRICTION ON ADVERTISING OF PERSONAL INJURY SERVICES AND TOUTING
- 62 Application of pt 1
- 63 Definitions for pt 1
- 64 Meaning of advertises personal injury services
- 65 Meaning of allowable publication method
- 66 Restriction on advertising personal injury service
- 67 Prohibition on touting at scene of incident or at any time
- 67A Exemption from s 67(3) and (4)
- 68 Prohibition against paying, or seeking payment, for touting
- 69 Consequence if person approved or regulated under an Act is convicted under s 67 or 68
PART 2 - REFERRALS OF CLAIMS AND CONTACT TO SOLICIT OR INDUCE CLAIMS
- 70 Meaning of claim referral
- 71 Giving or receiving consideration for claim referrals
- 71A Meaning of consideration for s 71
- 71B Approach or contact for the purpose of making a claim
- 71C Responsibility for acts or omissions of representative
- 71D Additional consequences for law practice
- 71E Maximum amount of claim-related costs that may be charged and recovered
- 71F Extraterritorial application of part
PART 3 - MISCELLANEOUS
- 72 Offences involving fraud
- 73 False or misleading information or documents
- 73A Proceeding
- 73B Disclosure of information for administering claim farming provisions
- 74 Approved forms
- 75 Regulation-making power
- 75A Indexation of particular amounts
CHAPTER 4 - TRANSITIONAL PROVISIONS
PART 1 - TRANSITIONAL PROVISIONS FOR ACT NO. 24 OF 2002 AND JURY TRIALS
- 76 Special provision for personal injuries arising out of incidents happening between 18 June 2002 and 1 August 2002
- 77 Jury trials
PART 2 - TRANSITIONAL PROVISIONS FOR PERSONAL INJURIES PROCEEDINGS AMENDMENT ACT 2002
- 77A Special provision for personal injuries arising out of incidents happening before 18 June 2002
- 77B Costs and outlays incurred before 18 June 2002
- 77C Written offers of settlement made before 1 July 2002
- 77D Alteration of limitation period for personal injury arising out of an incident happening before 18 June 2002
- 77DA Validity of s 77D proceedings
- 77E Stay of proceedings in particular cases
PART 3 - TRANSITIONAL PROVISIONS FOR CIVIL LIABILITY ACT 2003
- 78 Definitions for pt 3
- 79 Notice of a claim given under the pre-amended Act
- 80 Special provision for notification of claims in relation to injuries to children arising out of medical treatment
- 81 Particular provisions having continuing effect
PART 4 - TRANSITIONAL PROVISION FOR JUSTICE AND OTHER LEGISLATION AMENDMENT ACT 2003
- 82 Time for lodging notice
PART 5 - TRANSITIONAL PROVISIONS FOR CIVIL LIABILITY (DUST DISEASES) AND OTHER LEGISLATION AMENDMENT ACT 2005
PART 6 - TRANSITIONAL PROVISION FOR PERSONAL INJURIES PROCEEDINGS (LEGAL ADVERTISING) AND OTHER ACTS AMENDMENT ACT 2006
- 85 Provision for advertising of personal injury services and touting
PART 7 - TRANSITIONAL PROVISION FOR LIMITATION OF ACTIONS (CHILD SEXUAL ABUSE) AND OTHER LEGISLATION AMENDMENT ACT 2016
- 86 Time for lodging notice for existing claims
PART 8 - TRANSITIONAL PROVISION FOR CIVIL LIABILITY AND OTHER LEGISLATION AMENDMENT ACT 2019
- 87 Time for lodging notice for existing claims