Section 6.33 — Motor Accident Injuries Act 2017 (NSW)

(cf s 110 MACA)
(1) The insurer of a person against whom a claim is made may give the claimant notice requiring the claimant to commence court proceedings in respect of the claim if the claimant has been entitled to commence the proceedings for a period of at least 6 months.
(2) The claimant must comply with the notice within 3 months after its receipt.
(3) If the claimant does not comply with the notice as required by this section, the claimant is taken to have withdrawn the claim.
(4) A claimant whose claim is taken to have been withdrawn by the operation of this section may apply to a court of competent jurisdiction for reinstatement of the claim.
(5) The court may reinstate the claim if the court is satisfied that the claimant has a full and satisfactory explanation for the failure to comply with the notice.

Related sections

• s 6.30 — Forum for court proceedings
• s 6.31 — Claims assessment or exemption pre-condition for commencement of court proceedings
• s 6.32 — Time limitations on commencement of court proceedings
• s 6.34 — Matter to be remitted for further claims assessment where significant new evidence produced in court proceedings
• s 6.35 — Presumption of agency
• s 6.36 — Proceedings against insurer if insured dead or unable to be served

Research how courts apply s 6.33

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