Common Law Protocols

Common Law Protocols
If a Serious Injury Certificate is not granted at the Serious Injury Conference, what happens?	This is dependent on the discussions held during the conference. If further information is required to consider the granting of a certificate, this will be arranged by agreement between the parties. If the TAC’s decision at the conclusion of the conference is to deny a serious injury certificate, a letter will be sent to the solicitor with reasons and supporting documentation. The claimant may then lodge an Originating Motion should they not accept the TAC’s decision.
If you have had a Serious Injury conference and lodge an Originating Motion (OM), do I still have an OM conference?	Yes. An Originating Motion Conference will still occur as part of the Court process.
Can common law damages be settled at the Serious Injury Conference?	Yes. The Serious Injury Coordinator attending a conference is authorised to settle the common law claim if a Serious Injury Certificate is granted at the Serious Injury Conference. Whether negotiations to settle the common law claim can be held will depend on whether the parties are in a position to have meaningful discussions about the quantum of damages.
If you do not settle common law damages at the Serious Injury Conference, what happens?	If an agreement to settle common law damages is not able to be reached at the Serious Injury conference, a Common Law Conference will need to be held before a Writ may be issued.
Why is the TAC’s preliminary liability view made without prejudice?	The new Common Law Protocols provide a claimant with an opportunity to bypass Impairment. In order to determine whether to bypass impairment, it is important for the claimant to know the TAC’s preliminary view on liability as early as possible. The TAC’s preliminary view on liability is made without prejudice to enable the claimant to make a decision, without either party being prejudiced by the identification of new information.
Why is there no uplift for attending a Serious Injury Conference without Counsel?	The Serious Injury conference provides the claimant with the opportunity to put their case to the TAC without the costs and risks associated with litigation. The agreed price points payable for attendance at a Serious Injury Conference are designed to encourage counsel attendance at the conference.
When will Impairment bypass price points be paid?	Price points associated with the impairment bypass will be paid at the settlement of Common Law.
Will Serious Injury conferences be held in Melbourne?	Conferences will typically be conducted in Melbourne or another location as agreed by both parties.

Common Law Protocols
If a Serious Injury Certificate is not granted at the Serious Injury Conference, what happens?	This is dependent on the discussions held during the conference. If further information is required to consider the granting of a certificate, this will be arranged by agreement between the parties. If the TAC’s decision at the conclusion of the conference is to deny a serious injury certificate, a letter will be sent to the solicitor with reasons and supporting documentation. The claimant may then lodge an Originating Motion should they not accept the TAC’s decision.
If you have had a Serious Injury conference and lodge an Originating Motion (OM), do I still have an OM conference?	Yes. An Originating Motion Conference will still occur as part of the Court process.
Can common law damages be settled at the Serious Injury Conference?	Yes. The Serious Injury Coordinator attending a conference is authorised to settle the common law claim if a Serious Injury Certificate is granted at the Serious Injury Conference. Whether negotiations to settle the common law claim can be held will depend on whether the parties are in a position to have meaningful discussions about the quantum of damages.
If you do not settle common law damages at the Serious Injury Conference, what happens?	If an agreement to settle common law damages is not able to be reached at the Serious Injury conference, a Common Law Conference will need to be held before a Writ may be issued.
Why is the TAC’s preliminary liability view made without prejudice?	The new Common Law Protocols provide a claimant with an opportunity to bypass Impairment. In order to determine whether to bypass impairment, it is important for the claimant to know the TAC’s preliminary view on liability as early as possible. The TAC’s preliminary view on liability is made without prejudice to enable the claimant to make a decision, without either party being prejudiced by the identification of new information.
Why is there no uplift for attending a Serious Injury Conference without Counsel?	The Serious Injury conference provides the claimant with the opportunity to put their case to the TAC without the costs and risks associated with litigation. The agreed price points payable for attendance at a Serious Injury Conference are designed to encourage counsel attendance at the conference.
When will Impairment bypass price points be paid?	Price points associated with the impairment bypass will be paid at the settlement of Common Law.
Will Serious Injury conferences be held in Melbourne?	Conferences will typically be conducted in Melbourne or another location as agreed by both parties.