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Pre-filing statement

1998 Act section 313 Threshold dispute prevents service of pre-filing statement and commencement of court proceedings >>

1998 Act section 315 Requirement for pre-filing statement before commencing court proceedings >>

"Section 151DA(3) [1987 Act] provides that an application to strike out a pre-filing statement may not be made until at least six months have elapsed after the defendant has served on the claimant a defence to the claim in accordance with s 316 of the 1998 Act. This application was filed on 9 September 2008, ten days before the defence to the pre-filing statement was served on 19 September 2008. Clearly the six months preclusion period on the filing of an application to strike out the claimant's pre-filing statement has not elapsed" [29]: Luke v Frank William McCarthy &c [2008] NSWWCCPD 12, per Keating P, 23.10.08.

"The defendant purports to rely on s 317 of the 1998 Act to justify filing the strike out application when it did. I reject that submission. S 317 concerns the steps to be taken by a defendant to notify a claimant of alleged defects in the pre-filing statement. The defendant does not assert any defect in the content of the pre-filing statement. The defendant asserts the claimant is not entitled to serve a pre-filing statement at all" [31]: Luke v Frank William McCarthy &c [2008] NSWWCCPD 12, per Keating P, 23.10.08.

 

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