Australian Capital Territory Numbered Regulations

SUPREME COURT RULES (AMENDMENT) (NO. 2 OF 1994) - REG 3

    (a)     by omitting from subrule (1) “56 days before the date fixed for determining the trial date” and substituting “at the time of the filing of a Certificate of Readiness under the Practice Directions”;

    (b)     by omitting from subparagraph (1) (d) (iii) all the words after “statement” and substituting “calculated by reference to a comparison between what the plaintiff has earned since the accident and what the plaintiff alleges he or she would have earned but for the accident, together with the particulars referred to in subrule (1A); and”;

    (c)     by inserting after subrule (1) the following subrule:

“(1A) For the purposes of subparagraph (1) (d) (iii), the plaintiff shall set out particulars of the comparison of earnings, including, where appropriate—

        (a)     particulars of—

              (i)     the earnings of employees engaged in employment similar to that in which the plaintiff alleges he or she would have engaged, but for the accident; and

              (ii)     the identity of those employees; or

        (b)     particulars of—

              (i)     payments which the plaintiff alleges he or she would have received under an award or industrial agreement applicable to the employment in which the plaintiff alleges he or she would have engaged, but for the accident; and

              (ii)     the identity of that award or agreement.”;

    (d)     by inserting in subrule (2) “or her” after “him”; and

    (e)     by omitting from paragraph (2) (b) “workmen's” and substituting “workers' ”.