District Court Act 1973 District Court Rule (Professional Negligence Claims) 1999 (1999-256) [GG No 68 of 11.6.1999, p 3899] (NSW)

1999 No 256

New South Wales

district court rule	under the
District Court Act 1973
The District Court Rule Committee made the following rule of court under the District Court Act 1973 on 13 May 1999.
J G Cowen Secretary to the Committee
The object of this Rule is to amend Part 28 of the District Court Rules 1973 to provide for the early service of expert reports on all parties to any proceedings for damages for professional negligence by the person making the professional negligence claim. The new rule 9B of Part 28 is consistent with the requirements of Part 14C, rule 6 of the Supreme Court Rules 1970
in respect of professional negligence claims in the Supreme Court.
Published in Gazette No 68 of 11 June 1999, page 3899 Page 1

Clause 1 District Court Rule (Professional Negligence Claims) 1999

This Rule is the District Court Rule (Professional Negligence

Claims) 1999.

2 Commencement

This Rule commences on 11 June 1999.

The District Court Rules I973 are amended as set out in

Schedule I .

4 Notes

The explanatory note does not form part of this Rule.

District Court Rule (Professional Negligence Claims) 1999

Amendment Schedule 1

(Clause 3)

Insert after Part 28, rule 9A:

( 1 )

A person instituting a professional negligence claim (other than a claim against a barrister or a solicitor) must, unless the Court otherwise orders, file and serve, with the statement of claim or cross-claim instituting the professional negligence claim, an expert’s report or experts’ reports which includes or include an opinion supporting:

(a)	breach of duty of care, or contractual obligation, alleged against each person sued for professional negligence, and
(b)	the general nature and extent of damage alleged (including death, injury or other loss or harm and prognosis, as the case may require), and
(c)	the causal relationship alleged between such breach of duty or obligation and the damage alleged.

(2)

In the case of a professional negligence claim against a barrister or a solicitor, the Court may order the plaintiff or cross-claimant to file and serve an expert’s report or experts’ reports supporting the claim.

(3)

If a party fails to comply with subrule ( l ) or (2), the Court may by order, on the application of a party or of its own motion dismiss the whole or any part of the proceedings (including a cross-claim), as may be appropriate.

District Court Rule (Professional Negligence Claims) 1999
Schedule 1	Amendment

(4)	In this rule:
expert, in relation to any question, means a person who has such knowledge or experience of, or in connection
with, that question, or questions of the character of that
question, that his or her opinion on that question would be admissible in evidence.
professional negligence means the breach of a duty of care or of a contractual obligation in the performance of professional work or in the provision of professional services by a medical practitioner, an allied health professional (eg dentist, chemist, physiotherapist), a hospital, a solicitor or a barrister.
professional negligence claim means a claim in the Court for damages, indemnity or contribution based on an assertion of professional negligence, whether made by statement of claim or by cross-claim.