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, 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].