Australian Capital Territory Current Acts

CIVIL LAW (WRONGS) ACT 2002 - SECT 59

    (1)     If a claimant does not give a complying notice of claim, the claimant cannot proceed further with the claim unless—

        (a)     the respondent to whom notice of the claim was purportedly given—

              (i)     has given the claimant a written notice to the effect that the respondent is satisfied the notice is a complying notice of claim or the claimant has taken reasonable action to remedy the noncompliance; or

              (ii)     is presumed, under section 54 (3) (Respondent's response to notice of claim), to be satisfied the notice is a complying notice of claim; or

        (b)     the respondent has waived any noncompliance; or

        (c)     the court, on application by the claimant—

              (i)     declares that the claimant has remedied the noncompliance; or

              (ii)     authorises the claimant to proceed further with the claim despite the noncompliance.

    (2)     An order of the court under subsection (1) (c) may be made on conditions the court considers necessary or appropriate to minimise prejudice to a respondent from the claimant's noncompliance.