New South Wales Consolidated Acts

MOTOR ACCIDENT INJURIES ACT 2017 - SECT 6.34

6.34 Matter to be remitted for further claims assessment where significant new evidence produced in court proceedings

(cf s 111 MACA)

(1) This section applies to court proceedings in respect of a claim for which the Commission has issued a certificate under section 7.36.

(2) If significant evidence is adduced in the court proceedings that was not made available to the Commission, the court is required to adjourn the proceedings until--

(a) the party who has adduced the evidence has referred the matter for further assessment under Division 7.6, and

(b) the Commission has issued a further certificate under section 7.36 in respect of the claim.

(3) For the purposes of this section, significant evidence is evidence that the court considers may have materially affected the assessment made by the Commission if it had been made available to the Commission when the initial assessment was made (whether or not it was available at that time).