New South Wales Consolidated Acts

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MOTOR ACCIDENT INJURIES ACT 2017 - SECT 6.31

Claims assessment or exemption pre-condition for commencement of court proceedings

6.31 Claims assessment or exemption pre-condition for commencement of court proceedings

(cf s 108 MACA)

(1) Subject to Division 3.2 of the Personal Injury Commission Act 2020 , a claimant is not entitled to commence court proceedings against another person in respect of a claim unless--
(a) the Commission has issued a certificate in respect of the claim under section 7.34 (Claims exempt from assessment), or
(b) the Commission has issued a certificate in respect of the claim under section 7.36 (Assessment of claims).
(2) The provisions of this section are in addition to those of section 6.32 (Time limitations on commencement of court proceedings). Accordingly, both sections are capable of applying to a claim.



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