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s 278

Notice time limit not complied with

In force
Chapter 5Motor accident injuries—common law damages
Part 5.6No-fault motor accidents
Division 5.7.5Judgment for noncompliance with time limits

278 Notice time limit not complied with

(1)

This section applies if—

(a)

for a motor accident claim—

(i)

the court has dispensed with the obligation to exchange mandatory final offers under section 264; or

(ii)

the time for exchanging mandatory final offers under section 265 has closed; and

(b)

a party (the late party) to the motor accident claim fails to do something required to be done within a time limit for doing the thing under this chapter.

(2)

However, this section does not apply if—

(a)

the late party is the claimant; and

(b)

the claimant is not legally represented in relation to the claim.

(3)

Another party to the motor accident claim (the enforcing party) may give the late party a notice (the compliance notice) requiring the late party to do the required thing not later than 7 days after the day the late party receives the compliance notice.

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