sec.83Multiple pre-court procedures

### sec.83 Multiple pre-court procedures This section applies if, before the commencement of this section, a claimant started— pre-court procedures under chapter 2, part 1 in relation to an incident against a respondent; and recovery procedures under, or as permitted by, a relevant Workers’ Compensation Act or a relevant Motor Accident Insurance Act in relation to the same incident and against the same respondent. The pre-court procedures against the respondent are stayed. A claimant is not entitled to start a proceeding in a court against the respondent only because the pre-court procedures are stayed under this section. A court may, on application by the claimant, lift the stay if the court is satisfied that— a claim under a relevant Workers’ Compensation Act or a relevant Motor Accident Insurance Act in relation to the incident against the respondent has been incorrectly made; and completion of the pre-court procedures is necessary and appropriate to deal with the claim. Any liability for costs in relation to the pre-court procedures stayed under this section is taken to be a liability for costs in the recovery procedures unless the stay is lifted under subsection (4). In this section— recovery procedures means— procedures, other than proceedings, taken under a relevant Motor Accident Insurance Act or relevant Workers’ Compensation Act to recover damages for personal injury; or proceedings to recover damages for personal injury. relevant Motor Accident Insurance Act means— the Motor Accident Insurance Act 1994 ; or the Motor Vehicles Insurance Act 1936 . relevant Workers’ Compensation Act means— the Workers’ Compensation and Rehabilitation Act 2003 ; or the WorkCover Queensland Act 1996 ; or the Workers’ Compensation Act 1990 ; or the Workers’ Compensation Act 1916 . s 83 ins 2005 No. 43 s 14 (sec.83-ssec.1) This section applies if, before the commencement of this section, a claimant started— pre-court procedures under chapter 2, part 1 in relation to an incident against a respondent; and recovery procedures under, or as permitted by, a relevant Workers’ Compensation Act or a relevant Motor Accident Insurance Act in relation to the same incident and against the same respondent. (sec.83-ssec.2) The pre-court procedures against the respondent are stayed. (sec.83-ssec.3) A claimant is not entitled to start a proceeding in a court against the respondent only because the pre-court procedures are stayed under this section. (sec.83-ssec.4) A court may, on application by the claimant, lift the stay if the court is satisfied that— a claim under a relevant Workers’ Compensation Act or a relevant Motor Accident Insurance Act in relation to the incident against the respondent has been incorrectly made; and completion of the pre-court procedures is necessary and appropriate to deal with the claim. (sec.83-ssec.5) Any liability for costs in relation to the pre-court procedures stayed under this section is taken to be a liability for costs in the recovery procedures unless the stay is lifted under subsection (4). (sec.83-ssec.6) In this section— recovery procedures means— procedures, other than proceedings, taken under a relevant Motor Accident Insurance Act or relevant Workers’ Compensation Act to recover damages for personal injury; or proceedings to recover damages for personal injury. relevant Motor Accident Insurance Act means— the Motor Accident Insurance Act 1994 ; or the Motor Vehicles Insurance Act 1936 . relevant Workers’ Compensation Act means— the Workers’ Compensation and Rehabilitation Act 2003 ; or the WorkCover Queensland Act 1996 ; or the Workers’ Compensation Act 1990 ; or the Workers’ Compensation Act 1916 . - (a) pre-court procedures under chapter 2, part 1 in relation to an incident against a respondent; and - (b) recovery procedures under, or as permitted by, a relevant Workers’ Compensation Act or a relevant Motor Accident Insurance Act in relation to the same incident and against the same respondent. - (a) a claim under a relevant Workers’ Compensation Act or a relevant Motor Accident Insurance Act in relation to the incident against the respondent has been incorrectly made; and - (b) completion of the pre-court procedures is necessary and appropriate to deal with the claim. - (a) procedures, other than proceedings, taken under a relevant Motor Accident Insurance Act or relevant Workers’ Compensation Act to recover damages for personal injury; or - (b) proceedings to recover damages for personal injury. - (a) the Motor Accident Insurance Act 1994 ; or - (b) the Motor Vehicles Insurance Act 1936 . - (a) the Workers’ Compensation and Rehabilitation Act 2003 ; or - (b) the WorkCover Queensland Act 1996 ; or - (c) the Workers’ Compensation Act 1990 ; or - (d) the Workers’ Compensation Act 1916 .