Personal Injuries Proceedings Act 2002

This section applies if, before the commencement of this section, a claimant started—

pre-court procedures under chapter 2, part 1 in relation to an incident against a respondent; and

recovery procedures under, or as permitted by, a relevant Workers’ Compensation Act or a relevant Motor Accident Insurance Act in relation to the same incident and against the same respondent.

The pre-court procedures against the respondent are stayed.

A claimant is not entitled to start a proceeding in a court against the respondent only because the pre-court procedures are stayed under this section.

A court may, on application by the claimant, lift the stay if the court is satisfied that—

a claim under a relevant Workers’ Compensation Act or a relevant Motor Accident Insurance Act in relation to the incident against the respondent has been incorrectly made; and

completion of the pre-court procedures is necessary and appropriate to deal with the claim.

Any liability for costs in relation to the pre-court procedures stayed under this section is taken to be a liability for costs in the recovery procedures unless the stay is lifted under subsection (4).

In this section—

procedures, other than proceedings, taken under a relevant Motor Accident Insurance Act or relevant Workers’ Compensation Act to recover damages for personal injury; or

proceedings to recover damages for personal injury.

the Motor Accident Insurance Act 1994; or

the Motor Vehicles Insurance Act 1936.

the Workers’ Compensation and Rehabilitation Act 2003; or

the WorkCover Queensland Act 1996; or

the Workers’ Compensation Act 1990; or

the Workers’ Compensation Act 1916.