11Definitions

11 Definitions

11 Definitions

(1) In this Part—

asbestos-related condition means a dust-related condition that is asbestosis, asbestos-induced carcinoma, an asbestos-related pleural disease or mesothelioma.

authorised representative of a deceased plaintiff means—

(a) the person who represented the plaintiff in the proceedings for the claim, or

(b) if the plaintiff was not represented—the plaintiff’s legal personal representative.

business day means a day that is not a Saturday, a Sunday or a public holiday throughout New South Wales.

claim means a claim in proceedings in the Tribunal brought or to be brought under section 11 of the Act or transferred under section 12 of the Act.

claims resolution process means the provisions of this Part.

compensation to relatives claim means a claim on a cause of action under the Compensation to Relatives Act 1897.

Contributions Assessor means a Contributions Assessor appointed under Division 5.

first defendant on a claim means the defendant first named in the plaintiff’s statement of claim.

malignant claim means a claim in respect of asbestos-induced carcinoma or mesothelioma (whether or not the claim is also in respect of any other dust-related condition).

mediation means mediation under this Part.

non-malignant claim means a claim in respect of an asbestos-related condition that is not asbestos-induced carcinoma or mesothelioma (and that is not a malignant claim).

original defendant on a claim means a defendant on the claim before the joinder of any other person as a defendant and does not include any defendant to a cross-claim on the claim.

party to a claim includes any cross-defendant on the claim.

required information exchange means the service on each defendant or cross-defendant of the statement of particulars of the claim against the defendant or cross-defendant and the service by each defendant or cross-defendant of the defendant’s or cross-defendant’s reply to the claim or cross-claim, as required under this Part.

single claims manager or SCM—see clause 63.

(2) Unless the parties otherwise agree, the period from the beginning of 25 December until the end of 9 January next following is to be ignored for the purpose of reckoning the time fixed by this Regulation for the doing by a party of any act in connection with the claims resolution process.