The question whether a statutory cause of action under ss 54 and 138 of the Australian Consumer Law constitutes a claim 'in tort or contract' within the meaning of ss 38(4) and 38(5) of the Motor Accidents (Compensation) Act 1979 (NT) remains unresolved and is at least arguable, notwithstanding that the weight of authority favours the view that a statutory cause of action is not a tort. The court confirmed that modern case management principles permit a flexible approach to pleading rules where proper notice of the case has been given by the pleadings or extrinsically.
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