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Summary of the usual Personal Injury Courts in WA and their Procedure

The District Court of Western Australia has an unlimited jurisdiction in respect of personal injuries. Most Personal injury negligence claims are therefore brought in the District Court. For more information, Please contact us. Foyle Legal, 6/2 Carson Road, Malaga, Perth, WA 6090, Ph: 0408 727 343, https://foylelegal.com/

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Summary of the usual Personal Injury Courts in WA and their Procedure

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  1. Foylelegal.com Summary of the usual Personal Injury Courts in WA and their Procedure Protecting your interests!

  2. Foylelegal.com Which Court? The District Court of Western Australia has an unlimited jurisdiction in respect of personal injuries. Most Personal injury negligence claims are therefore brought in the District Court. For disputes regarding the no fault statutory workers compensation system in western Australia WorkCover WA is the correct court. This includes disputes about the acceptance of liability in Workers Compensation Claims and disputes regarding weekly payments of compensation. In certain circumstances an injured worker can take a District Court Action against their employer.

  3. Foylelegal.com What is the procedure in the District Court • Claims are usually commenced with a formal court document called a writ of summons. A fee is payable which is currently $802.20. • The Parties exchange “pleadings” which are formal court documents setting out the position of both parties. These are usually called a Statement of Claim and a Defence. • The Parties complete Discovery, which is usually a process which involves making a list of the documents in the possession custody or control of a party and giving it to the other party. The matter is ‘entered for trial’ following which a further fee which is currently $802.00 is payable. • The parties proceed to a pre-trial conference which is a negotiation regarding the matters in dispute. Many cases settle at this time. • If the matter cannot settle it continues on to trial.

  4. Foylelegal.com What is the procedure in WorkCover • Workcover Proceedings are free to lodge. • The first step is conciliation where the parties negotiate about the matters in dispute. There is often negotiation regarding settlement at this time. • If the Matters in dispute cannot be resolved a certificate is issued and the applicant then lodges an Application for Arbitration. • The matter then progresses towards a formal hearing before an arbitrator who makes a decision regarding the dispute.

  5. Foylelegal.com HOW TO GET STARTED? Obligation Free Call 0408 727 343 Obligation Free Enquiry https://foylelegal.com

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