108Claims assessment or exemption pre-condition for commencement of court proceedings

#### 108 Claims assessment or exemption pre-condition for commencement of court proceedings 108 Claims assessment or exemption pre-condition for commencement of court proceedings > > (1) Subject to Division 3.2 of the [Personal Injury Commission Act 2020](/view/html/inforce/current/act-2020-018), a claimant is not entitled to commence court proceedings against another person in respect of a claim unless— > > > > > (a) a certificate has been issued in respect of the claim under section 92 (Claims exempt from assessment), or > > > > > (b) a certificate has been issued in respect of the claim under section 94 (Assessment of claims). > > > (2) The provisions of this section are in addition to those of section 109. Accordingly, both sections are capable of applying to a claim. > > **s 108:** Am 2020 No 18, Sch 6.7\[55\].