Opposing service of a conditional certificate of readiness

We acted for an insurer in successfully opposing the service of a conditional certificate of readiness in which the plaintiff reserved their right to serve further material after the execution of the certificate. The court agreed with our argument that section 139 of the Road Transport (Third Party Insurance) Act required the parties to serve a certificate that the matter is in all respects ready for hearing and for the conference. (McIntosh v Hikechukwu [2011] ACTSC 131)


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