DUST DISEASES TRIBUNAL REGULATION 2001
- Made under the Dust Diseases Tribunal Act 1989
- As at 2 March 2007
- Reg 467 of 2001
Table of Provisions
PART 1 - PRELIMINARY
- 1 Name of Regulation
- 2 Definitions
- 3 Notes
PART 2 - FEES
- 4 Fees chargeable
- 5 Fees not chargeable to the Crown
- 6 Pro bono cases
- 7 Postponement of fees in certain other cases
- 8 Persons by and to whom fees payable
- 8A First directions hearing fee
- 9 Other provisions relating to fees
PART 3 - INVESTMENT
- 10 Percentage of interest etc payable to Treasurer
PART 4 - CLAIMS RESOLUTION PROCESS FOR ASBESTOS-RELATED CONDITIONS
Division 1 - Preliminary
- 11 Definitions
- 12 Part applies only to asbestos-related claims
- 13 Service of statement of particulars on last of original defendants
- 14 Transitional
- 15 Procedural law of the State
Division 2 - Claims subject to the claims resolution process
- 16 Which claims are subject to the claims resolution process
- 17 Effect of claim being subject to claims resolution process
- 17A Service of documents
- 18 Removal of certain claims from claims resolution process
Division 3 - Required information exchange
- 19 General obligations to update documents and information
- 20 Claimant to provide statement of particulars of claim
- 21 Cross-claims by defendant
- 22 Defendant to provide reply to claim
- 23 Requests for more information about dispute
- 24 Medical examinations
- 25 Party changing facts relied on
- 26 Access by parties to Dust Diseases Board file
Division 4 - Compulsory mediation
- 27 Compulsory mediation
- 28 Timetable for referral for mediation
- 29 Timetable for conclusion of mediation
- 30 Referral for mediation--appointment of mediator
- 31 Nature of mediation
- 32 Representation at mediation sessions
- 33 Unsuccessful mediation--agreement as to issues in dispute
- 34 Costs penalties for unmeritorious disputes
- 35 Challenge to defendant's contribution after successful mediation
- 35A Taking evidence by telecommunications link
- 35B Taking evidence outside New South Wales
- 35C Application of Uniform Civil Procedure Rules 2005 to giving of evidence
- 36 Agreements and arrangements arising from mediation
- 37 Liability of mediators
- 38 Privilege and secrecy
- 39 Costs of mediation
Division 5 - Apportionment
- 40 Application to cross-defendants
- 41 Defendants to agree as to apportionment
- 42 Determination of apportionment failing agreement
- 43 Contributions Assessors
- 44 Effect of agreement or determination as to apportionment
Division 6 - Multiple defendant claims--single claims manager
- 45 Application to cross-defendants
- 46 Requirement for single claims manager
- 47 Selection of SCM
- 48 Role and functions of SCM
- 49 Limitations on SCM's role
- 50 Costs of the SCM
Division 7 - Return of claims to the Tribunal
- 51 Non-urgent claims to be subject of directions hearing
- 52 Procedures for urgent claims
Division 8 - Costs
PART 5 - SUBPOENAS
- 54 Interpretation and application
- 55 Conduct money
- 56 Production by non-party
- 57 Return of exhibits
- 58 Issue
- 59 Notice to be given to other parties concerning subpoenas requiring production
- 60 Access to subpoenaed material
- 61 Proposed access orders
- 62 Exercise of functions by Registrar
- 63 Time for service
- 64 Subpoena to medical expert
- 65 Setting aside
- 66 Expense and loss
- 67 Alteration to obligations
- 68 Special powers of Tribunal
- 69 Application of Part 3.10 of Evidence Act 1995
PART 6 - OFFERS OF COMPROMISE
- 70 Part displaces rules
- 71 Definitions
- 72 Making of offer
- 73 Where offer not accepted and judgment no less favourable to plaintiff
- 74 Where offer not accepted and judgment as or less favourable to plaintiff
- 75 Costs with respect to interest
- 76 Acceptance of offer
- 77 Withdrawal of acceptance
- 78 Failure to comply with accepted offer
- 79 Disclosure of offer to Tribunal or arbitrator
- 80 Offer to contribute
PART 7 - MISCELLANEOUS
- 81 Legal practitioners to provide information about claims
- 82 Costs assessment