Page 3684 - Week 08 - Friday, 24 August 2012

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substitute

(a) the party is in all respects ready for the compulsory conference; and

2

Clause 15

Page 5, line 18—

omit clause 15, substitute

15  Mandatory final offers

  Section 141 (5), except notes

omit

3

Proposed new clause 15A

Page 5, line 23—

insert

15A  Section 141, note 2

substitute

Note 2  A mandatory final offer for $100 000 or less must be exclusive of any amount for costs (see s 144 (1)).

4

Proposed new clause 15B

Page 5, line 23—

insert

15B  New section 141A

insert

141A  Mandatory final offers—deemed settlement

(1) This section applies if the claimant and the respondent for a motor accident claim exchange mandatory final offers for more than $0.

(2) The motor accident claim is taken to be settled for the amount that is midway between the claimant’s mandatory final offer and the respondent’s mandatory final offer (the midpoint) if—

(a) the highest mandatory final offer is for not more than $70 000, and the mandatory final offers are not more than $20 000 apart; or

(b) the highest mandatory final offer is for more than $70 000 but not more than $100 000, and the mandatory final offers are not more than $30 000 apart.

(3) For working out costs, the midpoint is taken to be a mandatory final offer that is accepted.

9

Proposed new clause 21C

Page 7, line 2—

insert

21C  Section 156 (6) and (7)

substitute

(6) Subsection (5) does not apply to the costs related to obtaining a supplementary expert report.

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