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Uniform Civil Procedure Rules 1999
sec.553Conference if personal injury damages claim
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### sec.553 Conference if personal injury damages claim
A party may, after service of a statement of loss and damage, or service of the statement is waived, give to the other parties a written notice specifying a day, time and place for the holding of a conference to discuss, and, if possible, reach agreement on, all matters in dispute in the proceeding.
See the Civil Proceedings Act 2011 , section 36 for the limitations on the admissibility of anything done or said, an admission made, or a document tendered, at a conference.
However, in a proceeding in the Magistrates Court, the conference is in the nature of a settlement conference under rule 523 .
If a party who is given the notice unreasonably neglects or refuses to attend a conference, the court may, on the application of a party who, except for the holding of the conference, is ready for trial, do all or any of the following—
make an order about any of the following—
setting a trial date;
subject to a restriction on the right to a trial by jury, specifying the mode of trial;
give a direction the court could give under chapter 10 , part 1 ;
without prejudice to another power or discretion of the judge or registrar, require the party neglecting or refusing to attend a conference to pay the costs of the application immediately;
make another appropriate order, including, for example, an order sending the case to mediation.
In this rule—
ready for trial see rule 467 (4) .
r 553 amd 2000 SL No. 127 s 49 ; 2009 SL No. 162 s 2 sch; 2010 SL No. 129 s 11 ; 2012 SL No. 150 s 44 ; 2013 SL No. 289 s 17
(sec.553-ssec.1) A party may, after service of a statement of loss and damage, or service of the statement is waived, give to the other parties a written notice specifying a day, time and place for the holding of a conference to discuss, and, if possible, reach agreement on, all matters in dispute in the proceeding. See the Civil Proceedings Act 2011 , section 36 for the limitations on the admissibility of anything done or said, an admission made, or a document tendered, at a conference.
(sec.553-ssec.2) However, in a proceeding in the Magistrates Court, the conference is in the nature of a settlement conference under rule 523 .
(sec.553-ssec.3) If a party who is given the notice unreasonably neglects or refuses to attend a conference, the court may, on the application of a party who, except for the holding of the conference, is ready for trial, do all or any of the following— make an order about any of the following— setting a trial date; subject to a restriction on the right to a trial by jury, specifying the mode of trial; give a direction the court could give under chapter 10 , part 1 ; without prejudice to another power or discretion of the judge or registrar, require the party neglecting or refusing to attend a conference to pay the costs of the application immediately; make another appropriate order, including, for example, an order sending the case to mediation.
(sec.553-ssec.4) In this rule— ready for trial see rule 467 (4) .
- (a) make an order about any of the following— (i) setting a trial date; (ii) subject to a restriction on the right to a trial by jury, specifying the mode of trial;
- (i) setting a trial date;
- (ii) subject to a restriction on the right to a trial by jury, specifying the mode of trial;
- (b) give a direction the court could give under chapter 10 , part 1 ;
- (c) without prejudice to another power or discretion of the judge or registrar, require the party neglecting or refusing to attend a conference to pay the costs of the application immediately;
- (d) make another appropriate order, including, for example, an order sending the case to mediation.
- (i) setting a trial date;
- (ii) subject to a restriction on the right to a trial by jury, specifying the mode of trial;