Court Procedures Rules 2006

This rule applies to a proceeding in which a claim for damages for personal injury is made under the Civil Law (Wrongs) Act 2002, part 3.1 (Wrongful act or omission causing death).

The plaintiff must file, and serve on each other active party to the proceeding, in relation to each person for whose benefit the proceeding is brought, a statement (a statement of particulars)—

14 days before the listing hearing for the proceeding; or

in accordance with any direction made by the court.

The statement of particulars in relation to each person must set out the following particulars:

the person’s name, address, relationship to the deceased person the subject of the proceeding;

if relevant, whether the person’s dependency on the deceased person, or reliance on services provided by the deceased person, is claimed to have been total or partial, the circumstances in which the person received support or services from the deceased person, and the amount of the support or services for the year ending on the day the person died.

The plaintiff must serve with the statement of particulars, in relation to each person for whose benefit the proceeding is brought, a copy of the following documents:

if relevant, a copy or extract of the birth certificate of the person and, if the person has been married, a copy of the person’s marriage certificate;

a letter from the deceased person’s employer immediately before the accident, giving details of the deceased person’s earnings and prospects of promotion at the date of the person’s death;

copies of the deceased person’s income tax returns for the 2 financial years immediately before the financial year in which the person died;

copies of any bank statements, financial records or other documents on which the plaintiff intends to rely to prove the support or other benefits given to the person by the deceased person for a period of not less than 1 year ending on the day the person died;

copies of all documents, including accounts and receipts, in support of any claim for funeral expenses, medical or hospital expenses or any other expenses relating to the person’s death;

copies of documents proving the net value of the deceased person’s estate.

If any document, or part of a document, required to be served under subrule (4) cannot be served, the plaintiff must serve, with the statement of particulars, a statement of the reasons why the document cannot be served.