18Suspension of claims resolution process if plaintiff dies

#### 18 Suspension of claims resolution process if plaintiff dies 18 Suspension of claims resolution process if plaintiff dies > > (1) If the plaintiff dies, the claims resolution process is suspended and time does not run for the purposes of any period within which anything is required to be done by a party until the Tribunal grants leave to amend the statement of claim— > > > > > (a) to substitute the plaintiff, or > > > > > (b) to add a compensation to relatives claim. > > > > Note. > > > > Clause 21 contains provisions dealing with the resumption of claims in the claims resolution process following plaintiff’s death. > > > (2) If the plaintiff dies, the authorised representative of the deceased plaintiff must notify the following persons in writing of the plaintiff’s death (and the date of that death) as soon as practicable after becoming aware of the plaintiff’s death (unless the death occurred before 12 March 2007)— > > > > > (a) each defendant, > > > > > (b) the registrar, > > > > > (c) if a mediator has been appointed, the mediator. > > > (3) The suspension of the claims resolution process under this clause does not apply to the operation of Division 5 (the apportionment process) and the apportionment process is to proceed, unless all the defendants agree that the apportionment process is to be suspended and the registrar has been notified in writing of that agreement within 3 business days after the defendants received notice of the plaintiff’s death. > > > (4) It is the responsibility of the single claims manager or (if there is no single claims manager) the first defendant to notify the registrar in writing (within the time required by subclause (3)) of an agreement by all the defendants that the apportionment process is to be suspended. > > > (5) If the plaintiff died before 12 March 2007 but the apportionment process proceeds pursuant to this clause, Division 5 applies for that purpose as if a requirement that anything be done by a party within a specified period after service of the plaintiff’s statement of particulars were a requirement that the thing be done within that specified period after 26 March 2007. > > > (6) Nothing in this clause requires a compensation to relatives claim to be added to the claim of the deceased plaintiff.