Queensland Consolidated Acts
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PERSONAL INJURIES PROCEEDINGS ACT 2002 - SECT 83
Multiple pre-court procedures
83 Multiple pre-court procedures
(1) This section applies if, before the commencement of this section, a
(a) pre-court procedures under chapter 2, part 1 in
relation to an incident against a respondent; and
(b) recovery procedures
under, or as permitted by, a relevant Workers’ Compensation Act or a
relevant Motor Accident Insurance Act in relation to the same incident and
against the same respondent.
(2) The pre-court procedures against the
respondent are stayed.
(3) A claimant is not entitled to start a proceeding
in a court against the respondent only because the pre-court procedures are
stayed under this section.
(4) A court may, on application by the claimant,
lift the stay if the court is satisfied that—
(a) a claim under a relevant
Workers’ Compensation Act or a relevant Motor Accident Insurance Act in
relation to the incident against the respondent has been incorrectly made; and
(b) completion of the pre-court procedures is necessary and appropriate to
deal with the claim.
(5) Any liability for costs in relation to the pre-court
procedures stayed under this section is taken to be a liability for costs in
the recovery procedures unless the stay is lifted under subsection (4).
In this section—
"recovery procedures" means—
(a) procedures, other than proceedings, taken
under a relevant Motor Accident Insurance Act or relevant Workers’
Compensation Act to recover damages for personal injury; or
to recover damages for personal injury.
"relevant Motor Accident Insurance Act" means—
Motor Accident Insurance Act 1994 ; or
(b) the Motor Vehicles Insurance Act
"relevant Workers’ Compensation Act" means—
(a) the Workers’
Compensation and Rehabilitation Act 2003 ; or
(b) the WorkCover Queensland
Act 1996 ; or
(c) the Workers’ Compensation Act 1990 ; or
Workers’ Compensation Act 1916 .
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