sec.289Compulsory conference

### sec.289 Compulsory conference Before the claimant starts a proceeding for damages, there must be a conference of the parties (the compulsory conference ). Any party may call the compulsory conference. The compulsory conference must be held within 3 months after the insurer gives the claimant a written notice under section 281 . However, if the parties agree, the conference may be held at a later date. If the insurer is WorkCover, WorkCover must advise the worker’s employer of the time and place of the compulsory conference. On application by a party, the court— may— fix the time and place for the compulsory conference; or dispense with the compulsory conference for good reason; and may make any other orders the court considers appropriate. In considering whether to dispense with the compulsory conference, the court must take into account the extent of compliance by the parties with their respective obligations in relation to the claim. The claimant in person, a person authorised to settle on the insurer’s behalf and a person authorised to settle on behalf of any contributor must attend the conference and actively participate in an attempt to settle the claim, unless the claimant or person has a reasonable excuse. If it would be unreasonable for all parties to attend at the same place, for example, because of distance or illness, the conference may be conducted by telephone conferencing, videoconferencing or another form of communication that allows reasonably contemporaneous and continuous communication between the parties. s 289 amd 2004 No. 45 s 50 (sec.289-ssec.1) Before the claimant starts a proceeding for damages, there must be a conference of the parties (the compulsory conference ). (sec.289-ssec.2) Any party may call the compulsory conference. (sec.289-ssec.3) The compulsory conference must be held within 3 months after the insurer gives the claimant a written notice under section 281 . (sec.289-ssec.4) However, if the parties agree, the conference may be held at a later date. (sec.289-ssec.5) If the insurer is WorkCover, WorkCover must advise the worker’s employer of the time and place of the compulsory conference. (sec.289-ssec.6) On application by a party, the court— may— fix the time and place for the compulsory conference; or dispense with the compulsory conference for good reason; and may make any other orders the court considers appropriate. (sec.289-ssec.7) In considering whether to dispense with the compulsory conference, the court must take into account the extent of compliance by the parties with their respective obligations in relation to the claim. (sec.289-ssec.8) The claimant in person, a person authorised to settle on the insurer’s behalf and a person authorised to settle on behalf of any contributor must attend the conference and actively participate in an attempt to settle the claim, unless the claimant or person has a reasonable excuse. (sec.289-ssec.9) If it would be unreasonable for all parties to attend at the same place, for example, because of distance or illness, the conference may be conducted by telephone conferencing, videoconferencing or another form of communication that allows reasonably contemporaneous and continuous communication between the parties. - (a) may— (i) fix the time and place for the compulsory conference; or (ii) dispense with the compulsory conference for good reason; and - (i) fix the time and place for the compulsory conference; or - (ii) dispense with the compulsory conference for good reason; and - (b) may make any other orders the court considers appropriate. - (i) fix the time and place for the compulsory conference; or - (ii) dispense with the compulsory conference for good reason; and