ACTIn ForceAct
Civil Law (Wrongs) Act 2002
64Claimant to give documents etc to respondent
Start here
Get a plain-English read of 64
Turn the raw legal text into a practical explanation grounded in Civil Law (Wrongs) Act 2002.
64 Claimant to give documents etc to respondent
(1) A claimant must give a respondent—
(a) copies of the following in the claimant’s possession:
(i) reports and other documents about the accident claimed to
have given rise to the personal injury to which the claim
relates;
(ii) reports or surveillance film about the claimant’s medical
(iii) reports or surveillance film about the claimant’s cognitive,
functional or vocational capacity; and
(b) information reasonably requested by the respondent about any
of the following:
(i) the accident;
(ii) the nature of the personal injury and of any consequent
disabilities;
(iii) if applicable, the medical treatment and rehabilitation
services the claimant has sought or obtained;
(iv) the claimant’s medical history, as far as it is relevant to the
claim, and any other claims for damages for personal injury
made by the claimant;
(v) the claimant’s claim for past and future economic loss;
(vi) any claim known to the claimant for gratuitous services
consequent on the claimant’s personal injury.
Note Damages may not be awarded in a motor accident claim for
gratuitous care (see Motor Accident Injuries Act 2019,
s 249).
(2) The claimant must give the copies mentioned in subsection (1) (a)—
prescribed, within 1 month after the day the claimant gives
notice of the claim under part 5.2, or purportedly under part 5.2);
and
subsection (1) (a) comes into the claimant’s possession later,
within 7 days after the day it comes into the claimant’s
(3) The claimant must respond to a request under subsection (1) (b)
within the period prescribed by regulation (or, if no period is
prescribed, within 1 month after the day the request is received).
(4) If a respondent requires information given by a claimant under this
section to be verified, the claimant must give the respondent a
(5) If a claimant fails, without proper reason, to comply fully with this
section, the claimant is liable for costs to the respondent resulting
from the failure.