Page 1642 - Week 05 - Tuesday, 14 May 2019

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Clause 260 (3)

Page 190, line 23—

omit

10%

substitute

Clause 263 (2)

Page 191, line 17—

omit

but for more than $30 000

Clause 263 (3)

Page 191, line 20—

omit

Proposed new clause 268A

Page 195, line 6—

insert

268A Need for urgent proceeding

(1) The court, on application by a claimant, may give leave to the claimant to begin a proceeding in the court based on a motor accident claim despite noncompliance with this chapter if satisfied there is an urgent need to begin the proceeding.

(2) The order giving leave may be made on conditions the court considers appropriate having regard to the circumstances of the case.

(3) If leave is given, the proceeding started by leave is stayed until the claimant complies with this chapter or the proceeding is discontinued or otherwise ends.

(4) However, the proceeding is not stayed if—

(a) the court is satisfied that—

(i) the claimant is suffering from a terminal condition; and

(ii) the trial of the proceeding should be expedited; and

(b) the court orders the proceeding be given priority in the allocation of a trial date.

(5) If, under subsection (4), the proceeding is not stayed, the following provisions do not apply to the personal injury:

(a) division 5.7.2 (Compulsory conferences before court proceedings);

(b) division 5.7.3 (Mandatory final offers);

Clause 273 (3) and (4)

Page 197, line 19—

omit clause 273 (3) and (4), substitute

(3) If the amount of damages is less than a mandatory final offer made by the respondent, the respondent may apply to the court for an order that—

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