• Specific Year
    Any

PERSONAL INJURIES PROCEEDINGS ACT 2002 - As at 30 June 2022 - Act 24 of 2002

Table of Provisions

CHAPTER 1 - PRELIMINARY

PART 1 - INTRODUCTION

  • 1 Short title
  • 2 Commencement
  • 3 Notes in text

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 (Repealed)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

  • 83 Multiple pre-court procedures
  • 84 Continuing application of repealed s 51

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

Navigate