Queensland Consolidated Acts
[Search this Act]
PERSONAL INJURIES PROCEEDINGS ACT 2002 - SECT 36
(1) Before starting a proceeding in a court based on a claim, there must be a
conference of the parties (the
"compulsory conference" ).
(2) Any party may call the
(a) at a time and place agreed between the parties;
(b) if the relevant day has passed, at a reasonable time and place
nominated by the party calling the conference.
(3) For subsection (2) (b) ,
the relevant day is the later of the following days—
(a) if there is only 1
respondent to the claim, the day 6 months after the claimant gave the
respondent a complying part 1 notice of claim or, if there is more than 1
respondent to the claim, the day 6 months after the day the claimant last gave
a respondent part 1 of a notice of a claim under section 14 (1) ;
under section 12 , a person to whom part 1 of a notice of a claim is given
gives notice to the claimant that the person is a proper respondent to the
claim—the day 6 months after the person gives notice or, if there is more
than 1 person to whom part 1 of a notice of a claim is given, the day 6 months
after the day after the last person gives notice to the claimant.
parties may, for good reason, dispense with the compulsory conference or the
signing of a certificate of readiness under section 37 (1) (d) by agreement.
(5) The court may, on application by a party—
(a) fix the time and place for
the compulsory conference; or
(b) dispense with the compulsory conference for
good reason; or
(c) dispense with the requirement to sign a
certificate of readiness under section 37 (1) (d) in cases of complexity
including, for example, a case involving multiple respondents, non-party
discovery and the need for further expert evidence; and make any other orders
the court considers appropriate in the circumstances.
(6) In considering
whether to make any order under subsection (5) , the court must take into
(a) the extent of compliance by the parties with their respective
obligations relating to the claim; and
(b) how the main purpose of this Act
is to be achieved having regard, in particular, to section 4 (2) (a) to (e) .
AustLII: Copyright Policy