No Fault Dispute Resolution Protocols

No Fault Dispute Resolution Protocols
Will the TAC ask for information under the Protocols and then again through the Tribunal process? The TAC has an obligation to request all relevant information early in the dispute process. However, the TAC may ask for further information if it becomes necessary and relevant to the issues in dispute during VCAT proceedings.
Do I need to provide a claimant’s statement as part of a Dispute Resolution Application? Yes, in all cases except matters relating to the reasonableness of a fee or cost (see clause 13.1.3).
Chapters 10-15 of the No Fault Dispute Resolution Protocols set out the information that a claimant should provide in support of their Dispute Resolution Application, which includes a claimant’s statement. The matters that should be addressed in the claimant’s statement for each dispute type are also set out in Chapters 10-15.
When do I need to provide a claimant’s statement? A claimant’s statement can be provided at the time you lodge their Dispute Resolution Application, or it may be provided any time up to 21 days after the TAC provides its information to you (see clauses 5.3, 5.4 and 6.1).
If you do not provide your claimant’s statement at the time of lodging the Dispute Resolution Application, then you should specify when the claimant’s statement will be provided to the TAC in the timetable included in the Application form.
What happens if I don’t provide a claimant statement when I lodge a Dispute Resolution Application? Until the TAC receives all the relevant information on which a claimant will rely in the Dispute Resolution Application, including a claimant’s statement, the TAC may not be in a position to agree to a proposed conference date or to attend a conference.
If the timetable in the Dispute Resolution Application form is completed and includes an anticipated date of exchange of the claimant’s statement, the TAC may then be able to agree to a proposed conference date (where that conference date is after the anticipated date of exchange).
Why is it important for a claimant’s statement to be provided? Chapters 10-15 set out matters which a claimant’s statement should address. Those details assist the TAC to understand the key issues in dispute from the claimant’s perspective. This in turn enables the TAC to focus its efforts on those key issues and identify a pathway to resolving those issues.
Without the claimant’s statement, the key issues in dispute may not be apparent to the TAC which may lead to delays in resolving the dispute.