What happens at a PIC preliminary conference in a NSW CTP dispute?

The Member may confirm jurisdiction, parties, the insurer decision and internal-review history, identify the legal and factual issues, clarify the outcome sought and ask whether evidence or submissions are missing. The Member can also explore whether all or part of the dispute can be resolved by agreement.

If the dispute does not resolve, the Member may narrow the questions, direct production or additional material, set submission dates, determine whether a papers process is suitable or list a later hearing or assessment. PIC1 says a further preliminary conference is generally not scheduled except in exceptional circumstances with Division Head approval, so parties should arrive ready to deal with the case.

A Member may give a preliminary view. This is intended to help parties understand the strengths, weaknesses or real issues and consider resolution. It is not automatically bias or a final decision. A party may respectfully explain why the evidence or law supports a different position.

Begin with one sentence identifying the disputed decision and one sentence stating the replacement decision or order sought. Then list the elements that must be proved. For a treatment dispute that may include causation and reasonable necessity; for liability or mostly-at-fault questions it may include the accident sequence; for a damages assessment it may include fault, loss and supporting evidence.

Prepare a chronology with only material dates. Match each insurer reason to the report, record or submission that answers it. If evidence is missing, explain what it is, when it was requested, why it matters and when it will be available. Do not promise a report or document that has not been arranged.

Know the settlement position and authority. A claimant should understand what any proposed agreement would resolve and what remains open. An insurer claims officer attending through lawyers is expected to have appropriate instructions. A settlement discussion at a conference does not require acceptance of an offer that has not been understood.

The Member will control the order of discussion. Answer the question asked, use document page numbers and distinguish agreed facts from disputed facts. If an interpreter is present, pause for complete interpretation. If a break or accessibility adjustment is needed, ask rather than withdrawing from the conference.

Possible outcomes include full or partial agreement, discontinuance, directions for further evidence, a papers timetable, another appropriate listing or a formal hearing. PIC1 says unresolved matters before a Member usually proceed to a listing after the preliminary conference, although timing and form depend on the circumstances and directions.

After the event, read every direction and record the due dates, responsible party and permitted evidence. Do not rely only on memory or an insurer summary. If an order does not reflect what occurred, use the proper Registry process promptly. Continue monitoring Pathway and copy all parties in correspondence.