Section 6.31 — Motor Accident Injuries Act 2017 (NSW)

(cf s 108 MACA)
(1) Subject to Division 3.2 of the Personal Injury Commission Act 2020, a claimant is not entitled to commence court proceedings against another person in respect of a claim unless—
(a) the Commission has issued a certificate in respect of the claim under section 7.34 (Claims exempt from assessment), or
(b) the Commission has issued a certificate in respect of the claim under section 7.36 (Assessment of claims).
(2) The provisions of this section are in addition to those of section 6.32 (Time limitations on commencement of court proceedings). Accordingly, both sections are capable of applying to a claim.

Related sections

• s 6.28 — Duty of owner and driver to co-operate with insurer
• s 6.29 — Application
• s 6.30 — Forum for court proceedings
• s 6.32 — Time limitations on commencement of court proceedings
• s 6.33 — Insurer may require claimant to commence court proceedings
• s 6.34 — Matter to be remitted for further claims assessment where significant new evidence produced in court proceedings

Research how courts apply s 6.31

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