17Effect of claim being subject to claims resolution process

#### 17 Effect of claim being subject to claims resolution process 17 Effect of claim being subject to claims resolution process > > (1) While a claim is subject to the claims resolution process— > > > > > (a) the parties to the claim must comply with the provisions of this Part, and > > > > > (b) proceedings in the Tribunal to determine the claim are deferred and the claim is not subject to case management by the Tribunal, and > > > > > (c) the claim is not subject to the provisions of rules of court, or any direction or order of the Tribunal under a provision of the Act, any other Act or rules of court, as to any steps to be taken in proceedings on the claim or for the referral of the claim for alternative dispute resolution, such as mediation. > > > > Note. > > > > Clause 20 provides for the removal of certain claims from the claims resolution process. > > > (2) This clause does not affect the application of the practice and procedures of the Tribunal with respect to— > > > > > (a) the service of the statement of claim or cross-claim, including the service of the statement of claim outside Australia, or > > > > > (b) the amendment of the statement of claim to join a party before the plaintiff’s statement of particulars is served, or > > > > > (c) the amendment of the statement of claim to join a party to the claim at the request of the plaintiff where the Tribunal is satisfied that it is necessary to do so to preserve the plaintiff’s cause of action, or > > > > > (d) the amendment of the statement of claim to add a compensation to relatives claim after the death of the plaintiff, or > > > > > (e) the making of cross-claims, except to the extent of any inconsistency with clause 25, or > > > > > (f) the making of orders to give effect to any agreement or arrangement between the parties, whether resulting from an offer of compromise or otherwise, or > > > > > (g) the issue and return of subpoenas, or > > > > > (h) the granting of leave to commence an action under section 5 of the [Civil Liability (Third Party Claims Against Insurers) Act 2017](/view/html/inforce/current/act-2017-019), or > > > > > (i) the making of directions or orders to give effect to, or consequent on, an amendment of the statement of claim to institute proceedings against a new party or to substitute a party, or > > > > > (j) the amendment of the statement of claim to discontinue proceedings against a party. > > > > Note. > > > > If a claim is not settled through the claims resolution process, proceedings in the Tribunal can proceed or the parties can decide to continue with attempts to settle the claim. > > > (3) Without limiting subclause (1), while a claim is subject to the claims resolution process and before the plaintiff’s statement of particulars is served, the plaintiff may, without leave, amend the plaintiff’s statement of claim. > > > (4) Subclause (3) does not apply if the plaintiff’s statement of claim is filed in conjunction with an application under clause 20 for a determination by the Tribunal that the claim is urgent and that application results in the making of a determination. > > > > Note. > > > > When a statement of claim is filed in conjunction with an application under clause 20, clause 23(7) provides that a statement of particulars is not required.