Queensland Consolidated Acts

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MOTOR ACCIDENT INSURANCE ACT 1994 - SECT 51D

Time for bringing action

51D Time for bringing action

(1) An action for damages should be started in the court—
(a) within 60 days after the conclusion of the compulsory conference; or
(b) within a further period—
(i) agreed by the parties within the 60 day period mentioned in paragraph (a) ; or
(ii) fixed by the court on an application made by the claimant within the 60 day period mentioned in paragraph (a) .
(2) If the parties or the court dispenses with the compulsory conference, an action for damages should be started in the court—
(a) within 60 days after the later of the following—
(i) the date falling 6 months after the date on which the claimant gives notice to the insurer of the claim or if the insurer asks for additional information, the date on which the claimant gives the insurer the completed additional information form;
(ii) the date of the agreement or order dispensing with the conference; or
(b) within a further period—
(i) agreed by the parties within the 60 day period mentioned in paragraph (a) ; or
(ii) fixed by the court on an application made by the claimant within the 60 day period mentioned in paragraph (a) .
(3) However, if the court dispenses with the obligation to make mandatory final offers, an action for damages should be started in the court within a period fixed by the court when giving the dispensation or later.
(4) The expiry of the time within which an action should be started under subsection (1) , (2) or (3) does not prevent the claimant from starting the action but—
(a) the court may (unless the claimant establishes a reasonable excuse for the delay) order the claimant to pay, in any event, the insurer’s costs arising out of the delay; and
(b) the court may, on the insurer’s application, make an order fixing a time limit within which the action must be started.
(5) If the claimant fails to start an action in the court within a time limit fixed under subsection (4) (b) , the claim is barred.



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