Queensland Consolidated Acts

PERSONAL INJURIES PROCEEDINGS ACT 2002 - SECT 42

42 Time for starting proceeding

(1) A proceeding in a court based on the claim should be started—

(a) within 60 days after the conclusion of the compulsory conference; or

(b) within a further period—

(i) agreed by the parties within the 60-day period mentioned in paragraph (a) ; or

(ii) fixed by the court on an application made by the claimant within the 60-day period mentioned in paragraph (a) .

(2) If the parties or the court dispenses with the compulsory conference, a proceeding in a court based on the claim should be started—

(a) within 60 days after the later of the following—

(i) if there is only 1 respondent to the claim, the day 6 months after the day on which the claimant gives 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) ;

(ii) the date of the agreement or order dispensing with the conference; or

(b) within a further period—

(i) agreed by the parties within the 60-day period mentioned in paragraph (a) ; or

(ii) fixed by the court on an application made by the claimant within the 60-day period mentioned in paragraph (a) .

(3) However, if the court dispenses with the obligation to make mandatory final offers, a proceeding in a court based on the claim should be started within a period fixed by the court when giving the dispensation or later.

(4) The expiry of the time within which the proceeding should be started under subsection (1) , (2) or (3) does not prevent the claimant from starting the proceeding but the court may—

(a) unless the claimant establishes a reasonable excuse for the delay, order the claimant to pay, in any event, a respondent’s costs arising out of the delay; and

(b) on a respondent’s application, make an order fixing a time limit within which the proceeding must be started.

(5) If the claimant fails to start the proceeding within a time limit fixed under subsection (4) (b) , the claim is barred.

(6) To remove any doubt, it is declared that subsection (5) has effect despite the Limitation of Actions Act 1974 .