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Court Procedures Rules
52Originating claim—statement of claim for motor vehicle
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52 Originating claim—statement of claim for motor vehicle
death and personal injury claims
(1) This rule applies in relation to an originating claim that includes a
claim for damages for death or personal injury caused by, or arising
out of, the negligent use of a motor vehicle (the accident).
(2) The statement of claim for the originating claim must include, and is
sufficient if it includes, the following:
(a) the time, date, place and circumstances of the accident
(including, if possible, the registration details of all motor
vehicles involved);
(b) precise particulars of the negligence claimed;
Rule 53
(c) for a claim for personal injury—details of the nature and extent
of the injuries and disabilities resulting from the accident, as far
as is known, that is enough (if possible) to enable the defendant
to nominate the kind of expert required to examine the plaintiff;
(d) the name of each health professional who has treated the
plaintiff for the injuries and disabilities, and for any condition
exacerbated by the injury or disability;
(e) the nature of any claim for past or future economic loss, as far
as is known, including (if relevant) the name and address of each
employer of the plaintiff during a reasonable period before and
since the accident.
Note 1 See approved form 2.3 (Statement of claim—motor vehicle death or
personal injury) AF2014-160.
Note 2 A statement of claim is a pleading (see dict, def pleading) and therefore