316Defendant must respond to pre-filing statement

#### 316 Defendant must respond to pre-filing statement 316 Defendant must respond to pre-filing statement > > (1) The defendant must, within 28 days after the pre-filing statement has been served on the defendant, respond to the pre-filing statement by— > > > > > (a) accepting or denying liability (wholly or in part), and > > > > > (b) (to the extent, if any, that the defendant does not accept liability) serving on the claimant a defence to the claim setting out such particulars of the defence and evidence that the defendant will rely on to defend the claim as the Commission rules may require. > > > > Note. > > > > A defence can be filed after 28 days but after 28 days the claimant can refer the claim to mediation under Division 4. > > > (2) If the defendant fails to respond to the pre-filing statement as required by this section within 42 days after it is served on the defendant, the claimant can commence court proceedings for the recovery of work injury damages. > > > > Note. > > > > If the defendant fails to respond within 42 days, the defendant is prevented from filing a defence (see section 318) and the claimant can proceed to obtain summary judgment on the question of liability. If the defendant responds to the pre-filing statement within 42 days, the matter is required to proceed to mediation under Division 4 before court proceedings can be commenced. > > **s 316:** Ins 2001 No 61, Sch 4.2 \[17\]. Subst 2001 No 94, Sch 1.2 \[6\]. Am 2020 No 18, Sch 6.11\[29\].