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.