Victorian Current Acts

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WRONGS ACT 1958 - SECT 28LZM

Provision of assessment information to court

    (1)     This section applies to a claimant who brings a proceeding in a court in respect of a claim for damages for non-economic loss to which this Part applies in respect of injury to a person caused by the fault of another person.

    (2)     The claimant must file in the court before the determination of the claim

        (a)     if the claimant intends to rely on a certificate of assessment under this Part, a copy of that certificate; or

        (b)     if the claimant intends to rely on the written agreement of any respondent under Division 4 to waive the requirement for assessment in respect of the injury, a copy of that agreement.

S. 28LZM(3) amended by No. 102/2003 s. 24.

    (3)     If a Medical Panel has made a determination as to the threshold level under Division 5, the claimant must also file in the court a copy of the certificate of determination of the Medical Panel.

    (4)     If the respondent is deemed to have accepted an assessment under this Part, the claimant must also file in the court a statement to that effect.

S. 28LZM(5) inserted by No. 102/2003 s. 33.

    (5)     If the injury is deemed under section 28LZG(10) to be significant injury, the claimant must also file in the court a statement to that effect, together with the certificate of the Medical Panel under section 28LZG(5).

S. 28LZM(6) inserted by No. 102/2003 s. 33.

    (6)     If the injury is deemed under section 28LZGA(4) to be significant injury, the claimant must also file in the court a statement to that effect, together with the certificate of the Medical Panel under that subsection.

S. 28LZMA inserted by No. 62/2015 s. 12.



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