sec.36Compulsory conference

### sec.36 Compulsory conference Before starting a proceeding in a court based on a claim, there must be a conference of the parties (the compulsory conference ). Any party may call the compulsory conference— at a time and place agreed between the parties; or if the relevant day has passed, at a reasonable time and place nominated by the party calling the conference. For subsection (2) (b) , the relevant day is the later of the following days— if there is only 1 respondent to the claim, the day 6 months after the claimant gave the respondent a complying part 1 notice of claim or, if there is more than 1 respondent to the claim, the day 6 months after the day the claimant last gave a respondent part 1 of a notice of a claim under section 14 (1) ; if, under section 12 , a person to whom part 1 of a notice of a claim is given gives notice to the claimant that the person is a proper respondent to the claim—the day 6 months after the person gives notice or, if there is more than 1 person to whom part 1 of a notice of a claim is given, the day 6 months after the day after the last person gives notice to the claimant. The parties may, for good reason, dispense with the compulsory conference or the signing of a certificate of readiness under section 37 (1) (d) by agreement. The court may, on application by a party— fix the time and place for the compulsory conference; or dispense with the compulsory conference for good reason; or dispense with the requirement to sign a certificate of readiness under section 37 (1) (d) in cases of complexity including, for example, a case involving multiple respondents, non-party discovery and the need for further expert evidence; and make any other orders the court considers appropriate in the circumstances. In considering whether to make any order under subsection (5) , the court must take into account— the extent of compliance by the parties with their respective obligations relating to the claim; and how the main purpose of this Act is to be achieved having regard, in particular, to section 4 (2) (a) to (e) . s 36 amd 2003 No. 16 s 97 (sec.36-ssec.1) Before starting a proceeding in a court based on a claim, there must be a conference of the parties (the compulsory conference ). (sec.36-ssec.2) Any party may call the compulsory conference— at a time and place agreed between the parties; or if the relevant day has passed, at a reasonable time and place nominated by the party calling the conference. (sec.36-ssec.3) For subsection (2) (b) , the relevant day is the later of the following days— if there is only 1 respondent to the claim, the day 6 months after the claimant gave the respondent a complying part 1 notice of claim or, if there is more than 1 respondent to the claim, the day 6 months after the day the claimant last gave a respondent part 1 of a notice of a claim under section 14 (1) ; if, under section 12 , a person to whom part 1 of a notice of a claim is given gives notice to the claimant that the person is a proper respondent to the claim—the day 6 months after the person gives notice or, if there is more than 1 person to whom part 1 of a notice of a claim is given, the day 6 months after the day after the last person gives notice to the claimant. (sec.36-ssec.4) The parties may, for good reason, dispense with the compulsory conference or the signing of a certificate of readiness under section 37 (1) (d) by agreement. (sec.36-ssec.5) The court may, on application by a party— fix the time and place for the compulsory conference; or dispense with the compulsory conference for good reason; or dispense with the requirement to sign a certificate of readiness under section 37 (1) (d) in cases of complexity including, for example, a case involving multiple respondents, non-party discovery and the need for further expert evidence; and make any other orders the court considers appropriate in the circumstances. (sec.36-ssec.6) In considering whether to make any order under subsection (5) , the court must take into account— the extent of compliance by the parties with their respective obligations relating to the claim; and how the main purpose of this Act is to be achieved having regard, in particular, to section 4 (2) (a) to (e) . - (a) at a time and place agreed between the parties; or - (b) if the relevant day has passed, at a reasonable time and place nominated by the party calling the conference. - (a) if there is only 1 respondent to the claim, the day 6 months after the claimant gave the respondent a complying part 1 notice of claim or, if there is more than 1 respondent to the claim, the day 6 months after the day the claimant last gave a respondent part 1 of a notice of a claim under section 14 (1) ; - (b) if, under section 12 , a person to whom part 1 of a notice of a claim is given gives notice to the claimant that the person is a proper respondent to the claim—the day 6 months after the person gives notice or, if there is more than 1 person to whom part 1 of a notice of a claim is given, the day 6 months after the day after the last person gives notice to the claimant. - (a) fix the time and place for the compulsory conference; or - (b) dispense with the compulsory conference for good reason; or - (c) dispense with the requirement to sign a certificate of readiness under section 37 (1) (d) in cases of complexity including, for example, a case involving multiple respondents, non-party discovery and the need for further expert evidence; - (a) the extent of compliance by the parties with their respective obligations relating to the claim; and - (b) how the main purpose of this Act is to be achieved having regard, in particular, to section 4 (2) (a) to (e) .