Queensland Consolidated Acts

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PERSONAL INJURIES PROCEEDINGS ACT 2002 - SECT 77DA

Validity of s 77D proceedings

77DA Validity of s 77D proceedings

(1) This section applies to a proceeding for a personal injury in relation to which section 77D applies.
(2) It is declared that the proceeding was validly started, and is taken to have always been validly started, under section 77D(2) if—
(a) for a proceeding started on or before 18 June 2003—a complying notice of claim was given before the proceedings were started; or
(b) for a proceeding started after 18 June 2003 but not later than the end of 18 December 2003—
(i) a complying notice of claim was given within 6 months before the proceeding was started; and
(ii) the court’s leave under that provision was given before the proceeding was started.
(3) To remove any doubt, it is further declared that—
(a) section 77D(2)(a) or (b) does not require 6 months to have elapsed between the giving of the complying notice of claim and the start of the proceeding; and
(b) for the purposes of section 77D(2)(b)
(i) the complying notice of claim may have been given before, on or after 18 June 2003; and
(ii) a court had power to grant leave under that provision if a complying notice of claim was given at any time within 6 months before the proceeding was started.
(4) Subsections (2) and (3) apply to a proceeding despite any decision of a court to the contrary in relation to the proceeding.



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