Plaintiff’s statement must identify particular documents
548 Plaintiff’s statement must identify particular documents
(1) Without
limiting rule 547(3) (f) , a plaintiff’s statement of loss and damage must
identify the following documents—
(a) hospital and medical reports;
(b)
hospital, medical and similar accounts;
(c) documents about the refund of
workers’ compensation payments, social security benefits or similar
payments;
(d) if there is a claim for economic loss—
(i) documents about
the amount of wages paid to the plaintiff—
(A) in the 3 years immediately
before the injury; and
(B) since the injury; and
(ii) if the plaintiff is
self-employed—documents about the plaintiff’s net income—
(A) in the 3
years immediately before the injury; and
(B) since the injury; and
(iii)
documents about the tax paid by the plaintiff and the taxable income of the
plaintiff—
(A) in the 3 years immediately before the injury; and
(B) since
the injury; and
(iv) documents about the superannuation entitlements of the
plaintiff and prospective loss of superannuation entitlements by the
plaintiff;
(e) documents about the cost of meeting needs of the plaintiff
alleged to have arisen or increased because of the plaintiff’s injury;
(f)
documents about any additional expenses to which it is alleged the plaintiff
has been or will be put because of the injury;
(g) documents that are or
contain a contemporaneous record, account or description of—
(i) the
plaintiff’s injury, disability, pain and suffering, loss of amenities or
treatment; or
(ii) the consequences of them; or
(iii) the cost resulting
from them.
(2) If the defendant asks for a copy of a document identified in
the plaintiff’s statement of loss and damage, the plaintiff—
(a) must give
the defendant a copy; and
(b) may charge a reasonable amount for giving the
copy.
(3) If the plaintiff intends to rely at the trial on evidence of the
plaintiff’s injury, loss (including economic loss) or treatment (including
future treatment) not in a report that, if it were in a report, would be
required to be identified under subrule (1) , the plaintiff must, before the
request for trial date is filed, serve on the defendant the evidence in the
form of a report, or a proof of the evidence.
(4) At the trial, the plaintiff
may call or tender evidence not identified in the plaintiff’s statement of
loss and damage or not given to the defendant under this part only if—
(a)
the evidence is called or tendered by consent; or
(b) the evidence is called
or tendered in cross-examination; or
