A claimant under the Civil Law (Wrongs) Act 2002 (ACT) ordinarily requires leave under s 79(1) to commence proceedings where any Chapter 5 pre-trial procedure has not been complied with, not merely the requirement to serve a complying notice of claim. However, where a respondent's own error prevents the claimant from completing the Chapter 5 procedures, the claimant is not in 'noncompliance' and may commence proceedings without leave. If leave is granted under s 79(1), the proceeding is automatically stayed by s 79(3) until the claimant complies with Chapter 5 — the earlier statement in Maletic that a stay is not automatic was wrong.
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