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Personal Injury Commission Rules 2021
63Service of documents concerning joinder and replies
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#### 63 Service of documents concerning joinder and replies
63 Service of documents concerning joinder and replies
> > (1) If a person is joined as a party to applicable proceedings by order under this Part on application by a party, the party must serve the following on the person—
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> > > (a) a notice that advises the person of the joinder and of the time within which the person must lodge and serve a reply, being 14 days after the date on which the notice was served on the person,
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> > > (b) a copy of the following—
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> > > > (i) a document lodged to commence the proceedings, if any,
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> > > > (ii) a document lodged in reply to the document referred to in subparagraph (i) or to another document lodged in the proceedings, if any
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> > > > (iii) information or documents required to be lodged and served with a document referred to in subparagraph (i), if any,
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> > > (c) a copy of a notice to any other person joining the other person as a party to the proceedings.
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> > (2) If a person is joined as a party to applicable proceedings by order under this Part on the person’s own application or on the motion of an appropriate decision-maker for the proceedings, the President is to serve notice of the joinder on the person.
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> > (3) A party joined who wishes to object to the joinder must include in the party’s reply the reasons why the party should not be included as a party to the proceedings.
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> > (4) If, in workers compensation proceedings, the person joined is an employer but not a self-insurer, the notice of the joinder must also be served on the employer’s insurer.
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> > (5) If, in workers compensation proceedings, the proceedings were commenced by way of application to resolve a dispute, the person joined as a party must, within 14 days of being served with a notice of the joinder—
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> > > (a) lodge a reply to the application to resolve a dispute, and
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> > > (b) serve the reply on the applicant and the other parties.
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> > (6) The failure of a worker to notify of an injury as required by the Workers Compensation Acts may not, without the leave of the Commission or the President, be raised as an issue in the reply by the party joined if the issue has not been included in a decision notice given in accordance with the 1998 Act by the party joined.