• Specific Year
    Any

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

Navigate