Queensland Consolidated Regulations

UNIFORM CIVIL PROCEDURE RULES 1999 - REG 548

548 Plaintiff’s statement must identify particular documents

(1) Without limiting rule 547 (3) (f) , a plaintiff’s statement of loss and damage must identify the following documents—

(a) hospital and medical reports;

(b) hospital, medical and similar accounts;

(c) documents about the refund of workers’ compensation payments, social security benefits or similar payments;

(d) if there is a claim for economic loss—

(i) documents about the amount of wages paid to the plaintiff—

(A) in the 3 years immediately before the injury; and

(B) since the injury; and

(ii) if the plaintiff is self-employed—documents about the plaintiff’s net income—

(A) in the 3 years immediately before the injury; and

(B) since the injury; and

(iii) documents about the tax paid by the plaintiff and the taxable income of the plaintiff—

(A) in the 3 years immediately before the injury; and

(B) since the injury; and

(iv) documents about the superannuation entitlements of the plaintiff and prospective loss of superannuation entitlements by the plaintiff;

(e) documents about the cost of meeting needs of the plaintiff alleged to have arisen or increased because of the plaintiff’s injury;

(f) documents about any additional expenses to which it is alleged the plaintiff has been or will be put because of the injury;

(g) documents that are or contain a contemporaneous record, account or description of—

(i) the plaintiff’s injury, disability, pain and suffering, loss of amenities or treatment; or

(ii) the consequences of them; or

(iii) the cost resulting from them.

(2) If the defendant asks for a copy of a document identified in the plaintiff’s statement of loss and damage, the plaintiff—

(a) must give the defendant a copy; and

(b) may charge a reasonable amount for giving the copy.

(3) If the plaintiff intends to rely at the trial on evidence of the plaintiff’s injury, loss (including economic loss) or treatment (including future treatment) not in a report that, if it were in a report, would be required to be identified under subrule (1) , the plaintiff must, before the request for trial date is filed, serve on the defendant the evidence in the form of a report, or a proof of the evidence.

(4) At the trial, the plaintiff may call or tender evidence not identified in the plaintiff’s statement of loss and damage or not given to the defendant under this part only if—

(a) the evidence is called or tendered by consent; or

(b) the evidence is called or tendered in cross-examination; or

(c) the court for special reason gives leave.