317Defective pre-filing statement

317 Defective pre-filing statement

317 Defective pre-filing statement

(1) The defendant is not entitled to assert that a pre-filing statement served by the claimant is defective (by reason of incompleteness or otherwise) unless the defendant has notified the claimant, giving details of any alleged defects, within 7 days after the pre-filing statement is served by the claimant.

(2) A dispute as to whether a pre-filing statement served by the claimant is defective may be referred to the President for determination.

(3) The President may give a direction to the claimant as to the action necessary to cure any defect in the pre-filing statement served by the claimant. If the claimant fails to comply with the President’s direction within the time allowed for compliance, the pre-filing statement served by the claimant is taken not to have been served.

Note.

The effect of such a failure is that the claimant must serve the pre-filing statement again.

(4) If the documents and information that comprise the pre-filing statement are furnished to the defendant at different times, the pre-filing statement is not considered to have been served on the defendant until the last of the required documents and information is served.

s 317: Ins 2001 No 61, Sch 4.2 [17]. Subst 2001 No 94, Sch 1.2 [6]. Am 2020 No 18, Sch 6.11[39] [42].