Queensland Consolidated Acts

PERSONAL INJURIES PROCEEDINGS ACT 2002 - SECT 48

48 Consequences of failure to comply with claims procedures may result in adverse costs order

(1) If a claimant does not comply with the requirements of part 1 , division 1 , a court in which the claimant starts a proceeding based on the claim—

(a) may, on a respondent’s application in the proceeding, award in the respondent’s favour costs (including legal and investigation costs) reasonably incurred by the respondent because of the claimant’s default; and

(b) may only award interest in the claimant’s favour for a period for which the claimant was in default if the court is satisfied there is a reasonable excuse for the default.

(2) If a respondent does not comply with the requirements of part 1 , division 1 , a court in which the respondent defends a proceeding based on the claim may, on a claimant’s application in the proceeding, award in the claimant’s favour costs (including legal and investigation costs) reasonably incurred by the claimant because of the respondent’s default.