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Chapter 1 Mandatory applications for assessment (ss. 9-18) |
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9. "Relevant claim". |
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10. What this Chapter does. |
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11. Application for assessment. |
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12. Bar on bringing proceedings unless certain conditions are satisfied. |
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13. Notification of application to respondent and ascertainment of his or her wishes. |
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14. Procedures on foot of notification under section 13. |
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15. Procedures if not everyone of 2 or more respondents consents to assessment being made. |
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16. Making of, or omission to make, statement referred to in section 14 not an admission of liability. |
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17. Discretion of Board not to arrange for making of assessment. |
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18. Presumption as to capacity of claimant and respondent. |
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Chapter 1A Mediation (ss. 18A-18F) |
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18A. Application and definitions. |
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18B. Mediation process. |
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18C. Mediation outcome and report. |
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18D. Appointment of mediators. |
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18E. Provisions relating to mediators. |
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18F. Power of the Board to make procedural rules relating to mediation. |
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Chapter 2 Procedure for assessment (ss. 19-38) |
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19. What this Chapter contains. |
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20. Assessment. |
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21. Section 20: supplemental provisions. |
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22. Power to impose charges. |
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23. Power to require additional information, etc. |
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24. Medical examination of claimant in certain circumstances. |
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25. Failure to comply with a request under section 23 or 24. |
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26. Powers to request information from third parties. |
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27. Section 26: supplemental provisions. |
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28. Limited power to require certain other information. |
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29. Special provision in relation to vulnerable parties. |
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30. Parties to indicate whether or not they accept assessment. |
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31. Deemed acceptance or non-acceptance of assessment. |
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32. Proceedings to be authorised if assessment not accepted. |
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33. Assessment binding on parties unless section 32 applies. |
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34. Position of respondent or respondents who do not accept assessment. |
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35. Approval of court required for certain assessments. |
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36. Authorisation to bring proceedings where assessment not approved. |
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37. Certain statements, etc., not to prejudice claimant or respondent. |
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38. Enforceability of assessment. |
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Chapter 3 Legal status of order to pay, etc. (ss. 39-43) |
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39. What this Chapter specifies. |
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40. Primary legal effect of order to pay. |
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41. Order to pay to operate as satisfaction of claimant's claim. |
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42. Application of section 22 of Act of 1961 (claims for contributions between concurrent wrongdoers). |
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43. Application of section 18 of Act of 1961. |
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Chapter 4 Miscellaneous (ss. 44-51C) |
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44. Expenses incurred by claimant. |
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45. Fees or expenses where direction referred to in section 30(3) given. |
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46. Rules. |
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47. Withdrawal of application under section 11. |
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48. Assessment of relevant claims where proceedings concerned brought before commencement of section 6. |
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49. Assessments to be made expeditiously. |
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49A. Assessment of relevant claims where long term prognosis is awaited. |
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50. Reckoning of time for purpose of Statute of Limitations, etc. |
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51. Non-admissibility of assessment in evidence. |
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51A. Costs in proceedings where assessment not accepted by claimant. |
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51B. Costs in connection with application under section 11 not taxable. |
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51C. Costs in proceedings where claimant or respondent does not comply with request of assessors. |
