Motor Accident Injuries Act 2019

Before a claimant for a motor accident claim brings a court proceeding based on the claim, the parties to the claim must have a conference (the compulsory conference).

However, if the claimant brings a proceeding based on the claim, and applies to stay the proceeding, under section 141 (5) (WPI assessment 4 years 6 months after motor accident), the parties to the claim must have a compulsory conference before the proceeding can proceed.

Note The Civil Law (Wrongs) Act 2002, s 79 (Need for urgent proceeding) applies to a claimant in relation to a motor accident claim.

Any party may call the compulsory conference—

at a time and place agreed by each party; or

if more than 6 months has passed since the respondent received, or is taken to have received, the claimant’s complying notice of claim—at a reasonable time and place nominated by the party calling the conference.

On application by a party, the court may decide the time and place for the compulsory conference and make any other orders the court considers appropriate.

The parties may, by agreement, change the time or place for holding the compulsory conference or adjourn the conference from time to time and from place to place.

The compulsory conference may be conducted, if the parties agree, by telephone or another form of communication allowing contemporaneous and continuous communication between the parties.