New South Wales Consolidated Regulations

UNIFORM CIVIL PROCEDURE RULES 2005 - REG 15.12

15.12 Particulars required for proceedings generally

(cf DCR Part 9, rule 27(2)-(5))

(1) This rule applies to a claim for damages in respect of personal injuries arising from any event (
"the accident" ), other than a claim that is the subject of proceedings under the Compensation to Relatives Act 1897 .

(2) On or as soon as practicable after serving the statement of claim, the plaintiff must serve on the defendant, or on the defendant's insurer or solicitor, a statement accompanied by the following documents--

(a) copies of all documents available to the plaintiff in support of a claim for special damage and economic loss, whether past, present or continuing, including--

(i) hospital, medical and similar accounts, and

(ii) letters from a workers' compensation insurer indicating moneys paid to or for the plaintiff, and

(iii) letters from employers, wage records, income records and group certificates, and

(iv) reports, award rates and correspondence relied on to support any claim in respect of domestic assistance or attendant care,

(b) copies of all hospital and medical reports available at the time of serving the statement on which the plaintiff intends to rely at the hearing.

(2A) On or as soon as practicable after serving the statement required by subrule (2), the plaintiff must file a copy of that statement (without the accompanying documents required by this rule).

(3) The statement must set out the following particulars--

(a) particulars of injuries received,

(b) particulars of continuing disabilities,

(c) particulars of out-of-pocket expenses.

(4) If the statement makes any claim in respect of domestic assistance or attendant care, it must also set out full particulars of the claim.

(5) If the statement makes any claim in respect of loss of income, it must also set out the following particulars--

(a) the name and address of each employer during the 12 months immediately before the accident, together with details of the periods of employment, capacity in which employed and net earnings during each period of employment,

(b) the name and address of each employer since the accident, together with details of the periods of employment, capacity in which employed and net earnings during each period of employment,

(c) the amount claimed in respect of loss of income to the date of the statement (by comparison between what the plaintiff has earned since the accident and what the plaintiff would have earned but for the accident) setting out, in respect of what the plaintiff would have earned but for the accident, including, where appropriate--

(i) particulars of the earnings of comparable employees and the identity of those employees, or

(ii) particulars of any payment that the plaintiff would have received under a relevant award or industrial agreement, together with the title of that award or industrial agreement,

(d) particulars of any alleged loss of earning capacity and future economic loss,

(e) if the plaintiff is self-employed or has been self-employed at any time during the 12 months immediately before the accident, such additional particulars as will achieve full disclosure of the basis of the claim for loss of income.

(6) If the statement makes any claim in respect of loss of income, copies of the following documents must be served on all active parties--

(a) a letter from the employer or employers (if any) of the plaintiff immediately before the accident the subject of the proceedings, providing particulars of--

(i) the dates on which the plaintiff was absent from work due to the accident, and

(ii) the total net remuneration lost by the plaintiff in respect of that absence, including overtime, and

(iii) if the plaintiff returned to work for that employer, the plaintiff's classification and duties, and any alteration in the remuneration paid to the plaintiff, after that return, and

(iv) if that employment has been terminated, the date of and reason for the termination,

(b) if the plaintiff was self-employed immediately before the accident, copies of any accountants' reports or other documents on which the plaintiff intends to rely to establish his or her pre-accident income,

(c) copies of the plaintiff's income tax returns relating to income received during the period of 2 financial years ending immediately before the financial year that included the date of the accident, together with copies of any income tax returns lodged by the plaintiff since the date of the accident.

(7) If any, or any part of, any document required to be served by subrule (6) cannot be served, a statement of the reasons why it cannot be served must be included in the documents served.