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)


Related Articles

Al Shmaeri v AAI Limited

Motor Vehicle Directions

Sydney District Court – Judge Williams presiding Judgement handed down on 29 October 2015 Background Mr Al Shmeari, the plaintiff, alleged…

Continue reading

Making mandatory final offers where liability is denied

Motor Vehicle Directions

Benjamin Mitchell v Australian Capital Territory [2015] ACTMC 1 Date of Judgment: 23 June 2015 Before: Magistrate Morrison Background The defendant…

Continue reading

USEFUL COURT OF APPEAL DECISIONS ON CLAIMANT CREDIBILITY AND JUDICIAL REVIEW OF MEDICAL ASSESSMENTS

Motor Vehicle Directions

Ali v AAI Limited [2016] NSWCA 110 and Insurance Australia v Milton [2016] NSWCA 156 Two recent cases handed down by…

Continue reading