Procedural Direction MA1 – Stood over proceedings
The Commission has established a list of those matters in which a common law motor accidents damages claim is made but the claimant is not ready to proceed to assessment.
This Procedural Direction applies to: Motor Accidents Division
Date of commencement: 1 March 2021
1. The Commission has established a list of those matters in which a common law motor accidents damages claim is made but the claimant is not ready to proceed to assessment. Where an application has been made and granted that the proceedings are to be stood over those matters will be referred to a list, known as the stood over list, which is to be managed in accordance with this procedural direction.
2. Words in this Procedural Direction have the same meaning as in the Personal Injury Commission Act 2020 (the PIC Act), any enabling legislation, and the Personal Injury Commission Rules 2021 (the PIC Rules).
3. This Procedural Direction is made by the President under section 21 of the PIC Act.
4. The President or a member before whom a matter is listed may excuse a party from complying with any aspect of this Procedural Direction before or after the time for compliance with any action required.
5. Nothing in this Procedural Direction prevents the President or a member directing a party to take any appropriate step in proceedings.
6. This Procedural Direction is to be read with and subject to any provision of the PIC Act, the enabling legislation, and the PIC Rules.
Applicable legislation and rules
7. Parties should be familiar with the following provisions:
(a) section 3 of the PIC Act, which sets out the objects of the PIC Act;
(b) Part 5 of the PIC Act, which sets out the practice of the Commission, and
(c) Rule 101 of the PIC Rules.
Proceedings not ready for assessment
8. Any claimant that has lodged proceedings in a common law claim for damages in the Motor Accident division, in which those proceedings are not ready for assessment may apply to the Commission to have the matter referred to the stood over list.
9. An application may be made by way of submissions to the Commission attached to the application.
10. The Commission may refer proceedings to the stood over list for the following reasons:
(a) the medical dispute has not yet finalised;
(b) the claimant’s injuries have not yet sufficiently recovered to enable the claim to be quantified and the claimant is not yet ready for medical assessment;
(c) the claimant is not available to participate in medical and/or claims assessment at this time due to reasons beyond their control, for example, due to being overseas, or due to being imprisoned, and
(d) any other reason the Commission considers as relevant to the proceedings being unable to continue.
11. The Commission will consider whether the proceedings should be referred to the stood over list, taking into consideration the circumstances of the claimant, the claim, and the submissions of the parties.
12. Any proceedings lodged with the Commission must still comply with the requirements of the enabling legislation and the PIC Rules, regardless of an application to the stood over list.
13. Should the Commission find that the proceedings are not ready for assessment, a direction will be made referring the proceedings to the stood over list for a period of up to 6 months. The Commission will make any other directions considered necessary as to the management of the proceedings, such as when it will next be reviewed, or any actions that must be completed by the parties.
14. Unless otherwise ordered by the Commission, proceedings are referred to the stood over list for a period of six months.
15. Proceedings will be discontinued at the expiry of six months from the day the proceedings were stood over and dismissed in accordance with Rule 101(3) of the PIC Rules, unless a party applies to have the proceedings restored for hearing, or unless an extension of time has been granted by the Commission. An extension of time may be granted at the discretion of the Commission in circumstances where the reasons for referral to the stood over list have not resolved despite the efforts of the parties.
16. A party can apply to restore the proceedings for hearing by applying to the Commission and providing submissions demonstrating that the proceedings are ready for hearing.
17. The Commission will determine if the proceedings are to be restored for hearing, or otherwise discontinued and dismissed. In the absence of an application by a party to have the proceedings restored for hearing, or to have time on the stood over list extended, the proceedings will be discontinued and dismissed at the expiry of six months.