Personal Injuries Proceedings Act 2002

Before starting a proceeding in a court based on a claim, there must be a conference of the parties (the compulsory conference).

Any party may call the compulsory conference—

at a time and place agreed between the parties; or

if the relevant day has passed, at a reasonable time and place nominated by the party calling the conference.

For subsection (2)(b), the relevant day is the later of the following days—

if there is only 1 respondent to the claim, the day 6 months after the claimant gave the respondent a complying part 1 notice of claim or, if there is more than 1 respondent to the claim, the day 6 months after the day the claimant last gave a respondent part 1 of a notice of a claim under section 14(1);

if, under section 12, a person to whom part 1 of a notice of a claim is given gives notice to the claimant that the person is a proper respondent to the claim—the day 6 months after the person gives notice or, if there is more than 1 person to whom part 1 of a notice of a claim is given, the day 6 months after the day after the last person gives notice to the claimant.

The parties may, for good reason, dispense with the compulsory conference or the signing of a certificate of readiness under section 37(1)(d) by agreement.

The court may, on application by a party—

fix the time and place for the compulsory conference; or

dispense with the compulsory conference for good reason; or

dispense with the requirement to sign a certificate of readiness under section 37(1)(d) in cases of complexity including, for example, a case involving multiple respondents, non-party discovery and the need for further expert evidence;

In considering whether to make any order under subsection (5), the court must take into account—

the extent of compliance by the parties with their respective obligations relating to the claim; and

how the main purpose of this Act is to be achieved having regard, in particular, to section 4(2)(a) to (e).