Queensland Consolidated Regulations

UNIFORM CIVIL PROCEDURE RULES 1999 - REG 553

553 Conference if personal injury damages claim

(1) A party may, after service of a statement of loss and damage, or service of the statement is waived, give to the other parties a written notice specifying a day, time and place for the holding of a conference to discuss, and, if possible, reach agreement on, all matters in dispute in the proceeding.

Note—

See the Civil Proceedings Act 2011 , section 36 for the limitations on the admissibility of anything done or said, an admission made, or a document tendered, at a conference.

(2) However, in a proceeding in the Magistrates Court, the conference is in the nature of a settlement conference under rule 523 .

(3) If a party who is given the notice unreasonably neglects or refuses to attend a conference, the court may, on the application of a party who, except for the holding of the conference, is ready for trial, do all or any of the following—

(a) make an order about any of the following—

(i) setting a trial date;

(ii) subject to a restriction on the right to a trial by jury, specifying the mode of trial;

(b) give a direction the court could give under chapter 10 , part 1 ;

(c) without prejudice to another power or discretion of the judge or registrar, require the party neglecting or refusing to attend a conference to pay the costs of the application immediately;

(d) make another appropriate order, including, for example, an order sending the case to mediation.

(4) In this rule—

"ready for trial" see rule 467 (4) .