Queensland Consolidated Regulations

UNIFORM CIVIL PROCEDURE RULES 1999 - REG 551

551 Defendant’s statement must identify particular documents

(1) Without limiting rule 550 , a defendant’s statement 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 and the defendant was an employer of the plaintiff—

(i) documents about the amount of wages paid to the plaintiff by the defendant in the 3 years immediately before the plaintiff’s injury; and

(ii) documents about the tax paid by the plaintiff and the taxable income of the plaintiff in the 3 years immediately before the plaintiff’s injury; and

(iii) 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) if the defendant was an employer of the plaintiff after the plaintiff’s injury—

(i) documents about the amount of wages paid to the plaintiff by the defendant since the injury; and

(ii) documents about the tax paid by the plaintiff and the taxable income of the plaintiff since the injury; and

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

(h) if the employment of the plaintiff by the defendant terminated at the time of or after the plaintiff’s injury, documents relating to the termination of the employment.

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

(a) must give the plaintiff a copy; and

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

(3) If the defendant 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 defendant must, before the request for trial date is filed, serve on the plaintiff the evidence in the form of a report, or a proof of the evidence.

(4) At the trial, the defendant may call or tender evidence not identified in the defendant’s statement of expert and economic evidence or not given to the plaintiff 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.