67Non-urgent claims to be subject of first directions hearing

#### 67 Non-urgent claims to be subject of first directions hearing 67 Non-urgent claims to be subject of first directions hearing > > (1) This clause applies to the following claims— > > > > > (a) a claim that has completed the claims resolution process without being settled, > > > > > (b) a claim that has ceased under Division 2 to be part of the claims resolution process pursuant to the agreement of the parties, > > > > > (c) a claim that the Tribunal has determined under Division 2 should be removed from the claims resolution process because of a failure to comply with a requirement of the claims resolution process, > > > > > (d) a claim that has ceased under clause 58(1) to be part of the claims resolution process. > > > (2) The following provisions apply to claims to which this clause applies except a claim described in subclause (1)(c)— > > > > > (a) the registrar must set the claim down for a first directions hearing before the Tribunal to take place within 10 business days for malignant claims or 20 business days for non-malignant claims, > > > > > (b) the plaintiff or, if the plaintiff’s claim has been settled and cross-claims remain to be determined, the first defendant must propose in writing to the remaining parties what further steps (if any) need to be taken to prepare the matter for hearing, together with a timetable for completing those steps, > > > > > (c) if the parties agree on those steps and the timetable, written notice of the agreement must be provided to the registrar and the Tribunal must enter orders to give effect to that agreement. > > > (3) The following provisions apply to all claims to which this clause applies— > > > > > (a) the Tribunal may, subject to this subclause, make orders and give directions to the parties as to the steps to be taken to prepare the claim for hearing and for that purpose may order the amendment of the plaintiff’s statement of claim, > > > > > (b) a defence is taken to have been filed to the claim and to any cross-claims, unless the Tribunal orders that a defence must be filed, > > > > > (c) the Tribunal may only order that a defence be filed in relation to matters that remain in dispute and only if the Tribunal is satisfied that it is necessary to do so to ensure that the outstanding issues in dispute are properly tried, > > > > > (d) the parties to the claim cannot administer interrogatories, order discovery or issue requests for particulars unless leave to do so is granted by the Tribunal, and the Tribunal may only grant that leave where it is satisfied that— > > > > > > > (i) the information sought by the party has not been provided as part of the required information exchange, and > > > > > > > (ii) the information relates to issues that remain in dispute, and > > > > > > > (iii) the order is necessary to ensure that the outstanding issues in dispute are properly tried, > > > > > (e) rules 15.12 and 15.13 of the [Uniform Civil Procedure Rules 2005](/view/html/inforce/current/sl-2005-0418) do not apply to the claim, > > > > > (f) the plaintiff may file an affidavit (but only in relation to issues that remain in dispute) and for that purpose may rely on the plaintiff’s statement of particulars, > > > > > (g) the Tribunal cannot require the plaintiff to file an affidavit if the plaintiff elects to rely on the plaintiff’s statement of particulars served under Division 3 (or specified parts of that statement) as the plaintiff’s affidavit (including any necessary changes made to that statement in the course of the required information exchange), > > > > > (h) the Tribunal may not refer the claim or any aspect of the claim to mediation or neutral evaluation and may not refer a dispute as to apportionment concerning the claim to arbitration.