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Legislative Assembly for the ACT: 2003 Week 7 Hansard (24 June) . . Page.. 2247 ..

MR STANHOPE

The bill provides that the court may appoint more than one medical expert witness, where it is necessary for the interests of justice, or where there is more than one medical issue.

The bill changes the statute of limitations for adults from six years to three years from the date of occurrence of their injury. This will ensure that matters are settled quickly, and will allow parties to move on with their lives. This will also ensure that matters are heard before evidence is lost.

The bill provides that the statute of limitations for adults with a disease or disability is three years from the date the disease or disability is discovered. The bill changes the statute of limitations for children. The provisions address the recent concerns of obstetricians and anaesthetists, while protecting the rights of children.

The bill provides that parents or guardians of children under 15 years of age must give notice of a claim to the prospective defendant within six years of the accident or discovery of the injury. If a parent fails to give notice, the child does not lose the right to sue. This endures until the child turns 21. However, in that case, the costs of medical treatment, legal work and gratuitous services incurred by the parents before the commencement of the proceedings are not claimable from the defendant, unless the court finds that there was a good reason-excusing the non-compliance with the notice requirement.

Further, the bill provides that a defendant who has been served with a notice can require the child's parent or guardian to apply for a declaratory judgment on liability. After six years, it should be possible to deal with the issue of liability, even though final assessment of damages may need to await for stabilisation of injuries.

These provisions will take effect immediately on commencement of the bill, and will apply to all possible causes of action, even where the cause arose before commencement. Transitional provisions deal with the application in greater detail.

The bill reintroduces part 10.2 of the Civil Law (Wrongs) Amendment Bill 2002, requiring legal practitioners to certify that cases have a reasonable chance of success. This will ensure that parties do not incur costs for claims or defences that have no reasonable prospect of success. The bill provides that the court can allow claims to continue where the interests of justice so dictate-for instance, to allow the court to consider a desirable advance within the common law.

The bill allows the courts to order that parties attend mediation. Mediation will not assist in all cases-rather, it can be ordered by a court where a case is identified as suitable for mediation. The cases which are generally suitable for mediation are simple cases where the compensation sought is small. Other suitable cases are those where one party is seeking non-legal remedies, such as apologies and explanations; claims where parties want a greater involvement in case management; claims where speedier resolution is required, and those where the parties have a long-term relationship.

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