Queensland Consolidated Acts

PERSONAL INJURIES PROCEEDINGS ACT 2002 - SECT 37

37 Exchange of material for compulsory conference

(1) At least 7 days before the compulsory conference is held, each party must give each other party—

(a) copies of all documents not yet given to the other party that are required to be given to the party under this Act; and

(b) a statement signed by the party verifying that all relevant documents, in the possession of the party or, if the party has legal representation, the practitioner acting for the party, that are required to be given under this Act have been given as required; and

(c) details of the party’s legal representation; and

(d) a certificate (
"certificate of readiness" ) signed by the party.

(1A) A statement mentioned in subsection (1) (b) or a certificate of readiness must, if the party has legal representation, be signed by the practitioner acting for the party.

(2) The certificate of readiness must state that, having regard to the documents in the party’s possession—

(a) the party is in all respects ready for the conference; and

(b) all investigative material required by the party for the trial has been obtained, including witness statements from persons, other than expert witnesses, the party intends to call as witnesses at the trial; and

(c) medical or other expert reports have been obtained from all persons the party proposes to call as expert witnesses at the trial; and

(d) the party has fully complied with the party’s obligations to give the other parties material required to be given to the parties under this Act; and

(e) if the party has legal representation, the practitioner acting for the party has given the party a statement (a
"costs statement" ) containing the information required under subsection (4) .

(3) A practitioner who, without reasonable excuse, signs a certificate of readiness knowing that it is false or misleading in a material particular commits professional misconduct.

(4) A costs statement must contain—

(a) details of the party’s legal costs (clearly identifying costs that are legal fees and costs that are disbursements) up to the completion of the compulsory conference; and

(b) an estimate of the party’s likely legal costs (clearly identifying costs that are estimated legal fees and costs that are estimated disbursements) if the claim proceeds to trial and is decided by the court; and

(c) a statement of the consequences to the party, in terms of costs, in each of the following cases—

(i) if the amount of the damages awarded by the court is equal to, or more than, the claimant’s mandatory final offer;

(ii) if the amount of the damages awarded by the court is less than the claimant’s mandatory final offer but more than, a respondent’s, or the respondents’, mandatory final offer;

(iii) if the amount of the damages awarded by the court is equal to, or less than, a respondent’s, or the respondents’, mandatory final offer.

(5) The court may, on the ex parte application of a party, exempt the party from an obligation to give or disclose material to another party before trial if satisfied that—

(a) disclosure would alert a person reasonably suspected of fraud to the suspicion; or

(b) there is some other good reason why the material should not be disclosed.

(6) In this section—

"party" does not include contributor.