Queensland Consolidated Acts

MOTOR ACCIDENT INSURANCE ACT 1994 - SECT 51B

51B Procedure at conference

(1) The compulsory conference may be held with a mediator if both parties agree.

(2) An agreement that the compulsory conference is to be held with a mediator must specify how the costs of the mediation are to be borne.

(3) The mediator must be a person independent of the parties—

(a) agreed to by the parties; or

(b) nominated by the registrar of the court on application under subsection (4) .

(4) If the parties are unable to agree on the appointment of a mediator within 30 days after the date for the compulsory conference is fixed, either party may apply to the registrar of the court for the nomination of a mediator.

(5) At least 7 days before the compulsory conference is held, each party must give the other party—

(a) copies of all documents not yet given to the other party that are relevant to 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 trial.

(6) A certificate of readiness must state that—

(a) the party is in all respects ready for the conference and the trial; and

(b) all investigative material required for the trial has been obtained (including witness statements from persons, other than expert witnesses, the party intends to call as witnesses at the trial); and

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

(d) the party has fully complied with the party’s obligations to give the other parties material relevant to the claim; and

(e) the party’s lawyer has given the party a statement (a
"costs statement" ) containing the information required under subsection (7) .

(7) A costs statement must contain—

(a) details of the legal costs (clearly identifying costs that are legal fees and costs that are disbursements) 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 (clearly identifying costs that are legal fees and costs that are disbursements) if the claim proceeds to trial and is determined by the court; and

(c) a statement of the consequences to the party, in terms of costs, in each of the following cases—

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

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

(iii) if the amount of the damages awarded by the court is equal to, or less than, the insurer’s mandatory final offer.

(8) The court may, on application by a party, exempt the party from an obligation to give or disclose material to another party before trial if satisfied that disclosure would alert a person reasonably suspected of fraud to the suspicion or that there is some other good reason why the material should not be disclosed.

(9) Each of the following is a conference participant—

(a) the claimant or the claimant’s guardian;

(b) a person authorised by the insurer to settle the claim on the insurer’s behalf.

(10) Each conference participant must (unless he or she has a reasonable excuse) attend the compulsory conference and actively participate in an attempt to settle the claim.

(11) The compulsory conference may be conducted, if the parties agree, by telephone, closed-circuit television or another form of communication allowing contemporaneous and continuous communication between the parties.

(12) The parties may, by agreement, change the time or place for holding a compulsory conference or adjourn a compulsory conference from time to time and from place to place.