Queensland Consolidated Acts

PERSONAL INJURIES PROCEEDINGS ACT 2002 - SECT 18

18 Claimant’s failure to give part 1 of a notice of a claim

(1) A claimant’s failure to give a complying part 1 notice of claim prevents the claimant from proceeding further with the claim unless—

(a) the respondent to whom part 1 of a notice of a claim was purportedly given—

(i) has stated that the respondent is satisfied part 1 of the notice has been given as required or the claimant has taken reasonable action to remedy the noncompliance; or

(ii) is conclusively presumed to be satisfied it is a complying part 1 notice of claim under section 13 ; or

(b) the respondent has waived compliance with the requirement; or

(c) the court, on application by the claimant—

(i) declares that the claimant has remedied the noncompliance; or

(ii) authorises the claimant to proceed further with the claim despite the noncompliance.

(2) An order of the court under subsection (1) (c) may be made on conditions the court considers necessary or appropriate to minimise prejudice to a respondent from the claimant’s failure to comply with the requirement.

(3) This section does not affect the application of section 13A .