Australian Capital Territory Consolidated Acts Australian Capital Territory Consolidated Acts(1) At least 7 days before the compulsory conference is to be held, each party for the motor accident claim must give each other party for the motor accident claim the following:
(a) a copy of each document that is relevant to the motor accident claim that has not yet been given to the other party;
(b) a statement verifying that all relevant documents in the possession of the party or the party's lawyer have been given as required;
(c) details of the party's legal representation;
(d) if the party has legal representation—a certificate of readiness signed by the party's lawyer.
(2) However, on application by a party, the court may exempt the party from an obligation to give material to another party before trial if satisfied that—
(a) giving the material would alert a person reasonably suspected of fraud to the suspicion; or
(b) there is some other good reason why the material should not be given.
(3) In this section:
"certificate of readiness", by a party to a motor accident claim, means a certificate stating that—
(a) the party is in all respects ready for—
(i) the compulsory conference; and
(ii) the trial; and
(b) the party has obtained all investigative material required for the trial including witness statements from each person (other than expert witnesses) the party intends to call as a witness at the trial; and
(c) the party has obtained medical or other expert reports from each person the party proposes to call as an expert witness at the trial; and
(d) the party has fully complied with the party's obligations to give the other parties material relevant to the motor accident claim; and
(e) the party's lawyer has given the party a costs statement.
"costs statement", by a party's lawyer, means a statement containing—
(a) details of the legal costs (clearly identifying costs that are legal fees and costs that are disbursements) payable by the party to the party's lawyer up to the completion of the conference; and
(b) an estimate of the party's likely legal costs (clearly identifying costs that are legal fees and costs that are disbursements) if the motor accident claim proceeds to trial and is decided by the court; and
(c) a statement of the consequences to the party, in terms of costs, in each of the following cases:
(i) if the amount of the damages awarded by the court is equal to, or more than, the claimant's mandatory final offer;
(ii) if the amount of the damages awarded by the court is less than the claimant's mandatory final offer but equal to, or more than, the respondent's mandatory final offer;
(iii) if the amount of the damages awarded by the court is equal to, or less than, the respondent's mandatory final offer.
Note Mandatory final offers are dealt with in pt 4.8.