Australian Capital Territory Current Regulations

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COURT PROCEDURES RULES 2006 - REG 52

Originating claim—statement of claim for motor vehicle death and personal injury claims

    (1)     This rule applies in relation to an originating claim that includes a claim for damages for death or personal injury caused by, or arising out of, the negligent use of a motor vehicle (the accident ).

    (2)     The statement of claim for the originating claim must include, and is sufficient if it includes, the following:

        (a)     the time, date, place and circumstances of the accident (including, if possible, the registration details of all motor vehicles involved);

        (b)     precise particulars of the negligence claimed;

        (c)     for a claim for personal injury—details of the nature and extent of the injuries and disabilities resulting from the accident, as far as is known, that is enough (if possible) to enable the defendant to nominate the kind of expert required to examine the plaintiff;

        (d)     the name of each health professional who has treated the plaintiff for the injuries and disabilities, and for any condition exacerbated by the injury or disability;

        (e)     the nature of any claim for past or future economic loss, as far as is known, including (if relevant) the name and address of each employer of the plaintiff during a reasonable period before and since the accident.

Note 1     See approved form 2.3 (Statement of claim—motor vehicle death or personal injury) AF2014-160

.

Note 2     A statement of claim is a pleading (see dict, def pleading ) and therefore must comply with pt 2.6 (Pleadings).



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