New South Wales Repealed Regulations

This legislation has been repealed.

DUST DISEASES TRIBUNAL REGULATION 2001 - REG 17

17 Effect of claim being subject to claims resolution process

(1) While a claim is subject to the claims resolution process:

(a) the parties to the claim must comply with the provisions of this Part, and

(b) proceedings in the Tribunal to determine the claim are deferred and the claim is not subject to case management by the Tribunal, and

(c) the claim is not subject to the provisions of rules of court, or any direction or order of the Tribunal under a provision of the Act, any other Act or rules of court, as to any steps to be taken in proceedings on the claim or for the referral of the claim for alternative dispute resolution, such as mediation.

Note: Clause 18 provides for the removal of certain claims from the claims resolution process.

(2) This clause does not affect the application of the practice and procedures of the Tribunal with respect to:

(a1) the service of the statement of claim on the defendant, including the service of the statement of claim outside Australia, or

(a) the amendment of the statement of claim to join a party before the plaintiff's statement of particulars is served, or

(b) the amendment of the statement of claim to join a party to the claim at the request of the plaintiff where the Tribunal is satisfied that it is necessary to do so to preserve the plaintiff's cause of action, or

(c) the amendment of the statement of claim to add a claim under the Compensation to Relatives Act 1897 after the death of the plaintiff, or

(d) the making of cross-claims, except to the extent of any inconsistency with clause 21 (Cross-claims by defendant), or

(e) the making of orders to give effect to any agreement or arrangement between the parties, whether resulting from an offer of compromise or otherwise, or

(f) the issue and return of subpoenas, or

(g) the granting of leave to commence an action under section 6 of the Law Reform (Miscellaneous Provisions) Act 1946 , or

(h) the amendment of the statement of claim to discontinue proceedings against a party.

Note: If a claim is not settled through the claims resolution process, proceedings in the Tribunal can proceed or the parties can decide to continue with attempts to settle the claim.

(3) If the plaintiff dies, the claims resolution process is suspended until:

(a) the Tribunal amends the statement of claim to add a claim under the Compensation to Relatives Act 1897 , or

(b) the claimant notifies the parties to the claim that the matter is ready to proceed,

with the result that during that suspension time does not run for the purposes of any period within which anything is required to be done by a party under the claims resolution process.