The pre-action notice requirements of ss 37(1) and 39(5) of the Motor Accident Insurance Act 1994 (Qld) are mandatory and procedural in character. 'Bringing' an action is synonymous with 'commencing' an action. These requirements apply to actions commenced in Queensland even where the motor vehicle accident occurred interstate. Non-compliance justifies striking out the action, though the court retains power under s 39(5)(c) to grant leave to bring proceedings despite non-compliance.
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