An insurer's duty under s 81(1) of the Motor Accidents Compensation Act 1999 (NSW) to give written notice admitting or denying liability applies even where a claim is made outside the six-month time limit in s 72(1). A written rejection of a claim on the ground of delay constitutes a denial of liability for the purposes of s 81(1). Section 73(3)(c) extends to claims referred for a certificate of exemption under s 92(1)(b) as well as s 92(1)(a), meaning that a claimant whose late claim has been rejected on a special assessment under s 96(1)(a) is not necessarily shut out from court proceedings and may seek an exemption certificate under s 92(1)(b).
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