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ARTICLE · 08 JUNE 2021

Timeliness In Obtaining Expert Reports – Delay Independent Medical Experts At Your Peril

Cooper Grace Ward
Cooper Grace Ward
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Cooper Grace Ward

Cooper Grace Ward

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Recent decision makes it clear that parties must be submitting panels of specialists who are reasonably available & in a timely way.

AustraliaLitigation, Mediation & Arbitration
Monique Moloney
Monique Moloney
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In Bona v Jeffries & Allianz Australia Insurance Limited [2021] QSC 84, the defendant insurer failed, on the basis of unreasonable delay, in its application to the Brisbane Supreme Court for an order that the plaintiff submit to an assessment by an occupational therapist over 12 months after the holding of the compulsory conference.

Chronology of steps relevant to the application

Mr Bona was injured in a motor vehicle accident on 24 November 2018. Before the compulsory conference on 11 March 2020, he underwent reviews by two neurosurgeons and an orthopaedic surgeon. Proceedings commenced on 9 April 2020.

The following then ensued:

  1. Mr Bona was reviewed by an occupational therapist (OT) at the request of his lawyer and the report was served on Allianz Australia Insurance Limited in late August 2020. At that time, Mr Bona requested Allianz indicate whether it required any further medical evidence.

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Cooper Grace Ward is a leading Australian law firm based in Brisbane.

This publication is for information only and is not legal advice. You should obtain advice that is specific to your circumstances and not rely on this publication as legal advice. If there are any issues you would like us to advise you on arising from this publication, please contact Cooper Grace Ward Lawyers.

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