Alternative procedure for special cases
28LZN Alternative procedure for special cases
S. 28LZN inserted by No. 60/2003 s. 4.
A claimant may apply to a court for a determination of significant injury for the purposes of this Part.
The court may make a determination of significant injury in respect of a claimant if the court is satisfied that—
the claim should be dealt with urgently because of the imminent death of the claimant; and
the injury, if assessed under Division 3, would be significant injury.
The court may make a determination of significant injury in respect of a claimant if the court is satisfied that—
the claim relates to a cause of action that survives for the benefit of the estate of a deceased person under section 29(1) of the Administration and Probate Act 1958; and
the deceased person died from a cause other than the injury to which the claim relates; and
the injury to which the claim relates, if it had been assessed under Division 3, would be significant injury.
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