The pre-litigation requirements of the Personal Injuries Proceedings Act 2002 (Qld) are substantive, not procedural, and must be complied with before a valid proceeding can be instituted. Rule 389A of the UCPR authorises orders restricting a party from commencing similar proceedings without leave where the party has made more than one application that is frivolous, vexatious or an abuse of process, and the essential issue is whether the applications have been productive of serious and unjustified trouble and harassment.
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