New South Wales Consolidated Regulations

UNIFORM CIVIL PROCEDURE RULES 2005 - REG 15.13

15.13 Particulars required for proceedings under Compensation to Relatives Act 1897

(cf DCR Part 9, rule 27(6) and (7))

(1) This rule applies to a claim for damages in respect of personal injuries arising from any act, neglect or default (
"the accident" ) 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) in respect of each person on whose behalf the proceedings are commenced, a statement containing the following information--

(i) the person's name, address, relationship to the deceased person the subject of the proceedings, marital status and any anticipated alteration to that status,

(ii) whether the person's dependency on the deceased person, or the person's reliance on services provided by the deceased person, is claimed to have been whole or partial, the circumstances in which the person received support or services from the deceased person, and the quantum of that support or those services during the 12-month period immediately before the death of the deceased person, and

(b) in respect of each person on whose behalf the proceedings are commenced, copies of the following documents--

(i) a copy or extract of the person's birth certificate and, if the person has been married, a copy of the person's marriage certificate,

(ii) copies of any bank statements, financial records or other documents on which the person intends to rely to establish the extent of the support and other benefits provided to the person by the deceased person, covering a period of not less than 12 months immediately before the date of the death of the deceased person, and

(c) in respect of the deceased person, copies of the following documents--

(i) a letter from the employer (if any) of the deceased person immediately before the accident, providing particulars of the deceased person's remuneration and prospects of promotion at the date of his or her death,

(ii) copies of the deceased person'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 his or her death,

(iii) copies of all documents, including accounts and receipts, in support of any claim for the cost of a funeral or headstone or for any other expenses relating to the deceased person's death,

(iv) copies of documents evidencing the net value of the estate of the deceased person.

(3) 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 other documents required to be served by this rule).

(4) If any, or any part of, any document required to be served by subrule (2) cannot be served, a statement of the reasons why it cannot be served must be included in the documents served.