New South Wales Repealed Regulations

This legislation has been repealed.

DUST DISEASES TRIBUNAL REGULATION 2001 - REG 22

22 Defendant to provide reply to claim

(1) A defendant in proceedings must file and serve on the claimant and each other party to the claim (including other defendants) a reply to the claim against the defendant.

(2) The defendant's reply:

(a) must be in the form set out in Form 2 in Schedule 2, and

(b) must specify the information that is required to complete that form, and

(c) must be accompanied by such documents and information as that form requires (and is not required to be accompanied by any other documents or information), and

(d) in the case of the reply served on the plaintiff, need not specify the information required by Part 8 (Apportionment of liability among defendants) of that form.

(3) If information or documents required to accompany a defendant's reply is not available to the defendant when the reply is filed and served:

(a) the statement must indicate this, and

(b) the defendant must provide the documents or information to the claimant and each other party as and when they become available to the defendant.

(4) A reply by an original defendant must be served within:

(a) 20 business days for malignant claims, or

(b) 30 business days for non-malignant claims,

after the claim is served on the defendant.

(5) A reply by a defendant other than an original defendant must be served within:

(a) 30 business days for malignant claims, or

(b) 60 business days for non-malignant claims,

after service of the plaintiff's statement of particulars on the last of the original defendants.

(6) If the plaintiff's claim alleges that the asbestos-related condition with which the claim is concerned occurred in the course of employment, the plaintiff's statement of particulars can require an early response on that issue from a defendant who is alleged to be an employer, in which case the defendant must, within 10 days after the claim is served on the defendant, provide the response and attach the evidence required by 3.1-3.3 of Part 3 (Response to claim relating to employment) of Form 2 in Schedule 2.

(7) A defendant's reply must indicate whether the defendant requires more information from the plaintiff about the plaintiff's claim and the nature of that information, and must indicate whether the defendant requires an opportunity to inspect any premises or place.

(8) The plaintiff must comply with any reasonable requirement of the defendant for more information concerning the plaintiff's claim (whether made as part of the defendant's reply or subsequently) and must provide that information as soon as practicable and in any case no later than 5 business days before the start of mediation.

(9) In this clause:
"claim" includes a cross-claim.
"defendant" includes a cross-defendant.