WORKERS' COMPENSATION AND REHABILITATION ACT 2003 - SECT 290A Exchange of material for compulsory conference

WORKERS' COMPENSATION AND REHABILITATION ACT 2003 - SECT 290A

290A Exchange of material for compulsory conference

(1) At least 5 business days before the compulsory conference is to be held, each party must give each other party—

(a) copies of all documents not yet given to the party that are relevant and required to be given for the claim; and

(b) a statement verifying that all relevant documents in the possession of the party or the party’s lawyer have been given as required; and

(c) details of the party’s legal representation; and

(d) if the party has legal representation—a certificate (a
"certificate of readiness" ) signed by the party’s lawyer to the effect that the party is ready for the conference.

(2) A certificate of readiness must state that—

(a) the party is completely ready for the conference; and

(b) all investigative material required for the conference has been obtained, including witness statements from persons, other than expert witnesses; and

(c) medical or other expert reports have been obtained from all persons the party proposes to rely on as expert witnesses at the conference; and

(d) the party has complied fully with the party’s obligations to give all other parties material that is relevant and required to be given for the claim; and

(e) the party’s lawyer has given the party a statement (a
"financial statement" ) containing the information required under subsection (3) .

(3) A financial statement must state—

(a) details of the legal costs payable by the party to the party’s lawyer up to the completion of the conference; and

(b) an estimate of the party’s likely legal costs and net damages if the claim proceeds to trial and is decided by the court; and

(c) an estimate of the party’s likely legal costs and net damages if the claim is settled without proceeding to trial; and

(d) the consequences to the party, in terms of costs, in each of the following cases if the claim proceeds to trial and is decided by the court—

(i) the amount of the damages awarded by the court is equal to, or more than, the claimant’s written final offer;

(ii) the amount of the damages awarded by the court is less than the claimant’s written final offer but equal to, or more than, the insurer’s written final offer;

(iii) the claim is dismissed, the court makes no award of damages or the amount of the damages awarded by the court is equal to, or less than, the insurer’s written final offer.

(4) If the insurer is WorkCover, WorkCover must give a copy of the certificates of readiness and WorkCover’s costs statement to the worker’s employer at least 5 business days before the compulsory conference.