District Court Rules 2005

This rule applies to any party to a case who claims damages in the case.

The party must file and serve particulars of damages within 60 days after the day the defence (or if there is more than one defendant, the first defence) is filed.

If the case is a personal injuries action, the particulars of damages must set out in detail the amount of money claimed for any of the following, the justification for claiming it, and how it is calculated —

loss of earning capacity —

past; and

future;

loss of superannuation due to —

past loss of earning capacity; and

future loss of earning capacity;

special damages;

past gratuitous services;

interest on past loss and expenditure;

future need —

for medical services; and

for nursing and other care and assistance services, whether paid or gratuitous; and

for appliances, and modifications to equipment and environment;

any other discrete item of damages.

If the case is not a personal injuries action, the particulars of damages must set out in detail any amount of money claimed, the justification for claiming it, and how it is calculated.