Queensland Consolidated Acts

PERSONAL INJURIES PROCEEDINGS ACT 2002 - SECT 36

36 Compulsory conference

(1) Before starting a proceeding in a court based on a claim, there must be a conference of the parties (the
"compulsory conference" ).

(2) Any party may call the compulsory conference—

(a) at a time and place agreed between the parties; or

(b) if the relevant day has passed, at a reasonable time and place nominated by the party calling the conference.

(3) For subsection (2) (b) , the relevant day is the later of the following days—

(a) if there is only 1 respondent to the claim, the day 6 months after the claimant gave the respondent a complying part 1 notice of claim or, if there is more than 1 respondent to the claim, the day 6 months after the day the claimant last gave a respondent part 1 of a notice of a claim under section 14 (1) ;

(b) if, under section 12 , a person to whom part 1 of a notice of a claim is given gives notice to the claimant that the person is a proper respondent to the claim—the day 6 months after the person gives notice or, if there is more than 1 person to whom part 1 of a notice of a claim is given, the day 6 months after the day after the last person gives notice to the claimant.

(4) The parties may, for good reason, dispense with the compulsory conference or the signing of a certificate of readiness under section 37 (1) (d) by agreement.

(5) The court may, on application by a party—

(a) fix the time and place for the compulsory conference; or

(b) dispense with the compulsory conference for good reason; or

(c) dispense with the requirement to sign a certificate of readiness under section 37 (1) (d) in cases of complexity including, for example, a case involving multiple respondents, non-party discovery and the need for further expert evidence;

and make any other orders the court considers appropriate in the circumstances.

(6) In considering whether to make any order under subsection (5) , the court must take into account—

(a) the extent of compliance by the parties with their respective obligations relating to the claim; and

(b) how the main purpose of this Act is to be achieved having regard, in particular, to section 4 (2) (a) to (e) .