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

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

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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.

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