A certificate issued under s 96 of the Motor Accidents Compensation Act 1999 (NSW) for a special assessment of a procedural dispute does not satisfy the pre-condition in s 108(1)(b) for commencing court proceedings; a claimant must obtain a separate certificate under s 94 (assessment of claims). An assessment under s 96(1)(a) as to whether a late claim may be made is not binding on the parties. Where an insurer has lost the right to challenge a claim on the ground of delay under s 73(3)(a), the court cannot dismiss the proceedings of its own motion under s 73(4).
The full text is available to signed-in members, including the 6 later cases that cite this judgment.