Anything to disclose?
A recent decision by the Queensland Court of Appeal1has potentially broadened the obligations of pre-litigation disclosure in personal injury claims under the Personal Injuries Proceedings Act 2002 (PIPA). What information respondents may have previously thought was outside of what they needed to disclose when a claimant gives a PIPA notice of claim, may now need to be disclosed, according to the Court of Appeal.
PIPA disclosure information requirements
When a claimant gives a PIPA notice of claim, there are certain documents and information both the claimant and the respondent are required to disclose. The purpose of these disclosure requirements is to ensure the parties have enough information to make a judgment about whether (and to what extent) the respondent is liable for the claimant's personal injury, and how much any likely damages are going to be.
The respondent's obligation to disclose material to the claimant is governed by section 27 of PIPA.2 Section 27(1) has two limbs concerning what is to be disclosed by a respondent.
Section 27(1)(a) requires a respondent to disclose reports and other documentary material about the incident alleged to have given rise to the personal injury, about the claimant's medical condition or prospects of rehabilitation, and about the claimant's cognitive, functional or vocational capacity.
Section 27(1)(b) further requires a respondent, if asked by the claimant, to provide information that is in the...
Read Full Story: https://www.mondaq.com/australia/personal-injury/1112124/new-decision-on-scope-of-respondents-pipa-disclosure-requirements
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