84Defective pre-filing statement

#### 84 Defective pre-filing statement 84 Defective pre-filing statement > > (1) If a defendant has given notice to a claimant under section 317(1) of the 1998 Act of alleged defects in a pre-filing statement, either party may refer the dispute to the President for determination in accordance with section 317(2) of the 1998 Act. > > > (2) The party referring the dispute must lodge an application and attach the following— > > > > > (a) a copy of the pre-filing statement, > > > > > (b) a copy of the defendant’s notification, > > > > > (c) submissions detailing the extent to which the pre-filing statement is disputed. > > > (3) The party referring the dispute must, within 7 days of registration of the application, serve a sealed copy of the application and attachments on— > > > > > (a) the other parties, and > > > > > (b) if any of the parties is an employer but not a self-insurer—the employer’s insurer. > > > (4) The other party may, within 14 days of being served with the application, lodge a reply to the application and serve a sealed copy of the reply on the other parties. > > > (5) A dispute is to be referred to the President on the earlier of— > > > > > (a) the receipt of submissions in reply, or > > > > > (b) the expiry of the period of 14 days after registration of the application. > > > (6) If a dispute is referred for determination, the President may— > > > > > (a) give a direction for the filing of submissions and supporting documents on which a party relies, or > > > > > (b) give a direction to the claimant about the action necessary to cure a defect in the pre-filing statement, within a specified period, or > > > > > (c) determine that the pre-filing statement served by the claimant is not defective.