PERSONAL INJURIES PROCEEDINGS ACT 2002 - SECT 43 Starting urgent proceeding with the court’s leave

PERSONAL INJURIES PROCEEDINGS ACT 2002 - SECT 43

43 Starting urgent proceeding with the court’s leave

(1) The court, on application by a claimant, may give leave to the claimant to start a proceeding in the court for damages based on a liability for personal injury despite noncompliance with this part if the court is satisfied there is an urgent need to start the proceeding.

(2) The order giving leave to start the proceeding may be made on conditions the court considers necessary or appropriate having regard to the particular circumstances of the case.

(3) However, if leave is given, the proceeding started by leave is stayed until the claimant complies with this part or the proceeding is discontinued or otherwise ends.

(4) Despite subsection (3) , the proceeding is not stayed if—

(a) the court is satisfied that—

(i) the claimant is suffering from a terminal condition; and

(ii) the trial of the proceeding should be expedited; and

(b) the court orders the proceeding be given priority in the allocation of a trial date and certifies it for speedy trial.

(5) If, under subsection (4) , the proceeding is not stayed, the following provisions do not apply in relation to the personal injury—

(a) this part, other than this section;

(b) sections 48 , 56 and 59 ;

(c) chapter 4 .