Rees-Wlodek v Calvary Healthcare ACT Limited [2025] ACTSC 162 (Link to JADE)
This decision deals with questions as to the interaction between the pre-court procedures required to be undertaken by the parties to a personal injury claim under ch 5 of the Civil Law (Wrongs) Act 2002 (ACT) and the procedures of the court upon commencement of proceedings making such a claim.
An obiter discussion appears at [37] – [43], with McCallum CJ concluding:
While the wording of s 51 (sitting alongside s 79) is confusing, the better view would appear to be that leave is required to commence proceedings before the ch 5 processes are complete but that the claimant can enforce compliance by bringing an application under s 78 to compel a defendant to comply with its obligations.
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