Queensland Consolidated Acts

PERSONAL INJURIES PROCEEDINGS ACT 2002 - SECT 44

44 Starting urgent proceeding by agreement

(1) The purpose of this section is to enable a claimant to avoid the need to bring an application under section 43 .

(2) Without limiting section 43 , if the claimant believes there is an urgent need to start a proceeding for a claim despite noncompliance with this part, the claimant may, in the claimant’s notice of claim—

(a) state the reasons for the urgency and the need to start the proceeding; and

(b) ask the person or persons against whom the proceeding is proposed to be started (
"proposed respondent" ) to allow the claimant to start the proceeding despite noncompliance with this part.

(3) The claimant’s lawyer may sign the notice of claim on the claimant’s behalf if it is not reasonably practicable for the claimant to do so.

(4) However, if the claimant’s lawyer signs the notice of claim, the claimant must sign the notice personally and give it to the proposed respondent as soon as practicable.

(5) The claimant’s notice of claim may be given electronically in any way provided for under a regulation.

(6) A proposed respondent must advise the claimant, in the approved form, that the proposed respondent agrees or does not agree to allow the claimant to start the proceeding despite noncompliance with this part.

(7) The advice must be given to the claimant before the end of 7 days after the proposed respondent receives the notice of claim signed by the claimant’s lawyer.

(8) If each proposed respondent agrees to allow the claimant to start the proceeding despite noncompliance with this part—

(a) the claimant may start the proceeding; and

(b) the proceeding is stayed until the claimant complies with this part or the proceeding is discontinued or otherwise ends.