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APPENDIX 8 - SETTLEMENT OFFER: COMMONWEALTHS RECOVERY
OF LEGAL COSTS
LETTER FROM RENNICK BRIGGS TO CLIENTS, DATED 28 APRIL 1997,
WITH ATTACHED LETTER FROM AGS TO RENNICK BRIGGS, DATED 18 APRIL 1997
28th April 1997
CJD
We have noted your instructions that you reject the settlement
proposal and we have now notified the Defendants of the same.
You will now need to advise us of your new Solicitors as the
Defendants will commence action to take the required steps pursuant to
the Supreme Court Rules to have your matter prepared and set down for
trial. If we do not hear from you by 14th May 1997, we will be filing
a Notice of Ceasing to Act with the Supreme Court. This will mean that
thereafter the Government Solicitor will either correspond either with
you directly or your new Solicitors.
Please note there are a number of matters that need to be
attended to by you or your new Solicitors. Firstly, your new Solicitors
may wish to amend your Statement of Claim to have it equate with the Statement
of Claim of APQ. We have had the agreement of the Government Solicitor
not to progress your claim prior to either APQ being settled or determined.
Various amendments have been made to APQ's Statement of Claim which your
new Solicitors may wish to consider. If your new Solicitors require a
copy of APQ's Amended Statement of Claim, please have them contact us
accordingly.
We enclose copy letter dated 18th April 1997 from the Government
Solicitor. You will note that if the Commonwealth is successful in defending
your action or if you later decide to discontinue your action, the Commonwealth
will pursue recovery of its legal costs from you.
We enclose herewith authority for you to sign and return by
14th May 1997 instructing us to deliver your file either to your new Solicitors
or to yourself.
If you wish to reconsider and to accept the offer, please
notify us before 14th May 1997.
Yours faithfully
RENNICK BRIGGS
Encs.
Australian Government Solicitor
93503263/1302
Sean Millard
18 April 1997
Messrs Rennick Briggs
Solicitors
Level 1, 459 Lt Collins Street
MELBOURNE VIC 3000 Without Prejudice
Dear Sirs
CREUTZFELDT JAKOB DISEASE APQ
I refer to your letter dated 10 April 1997.
(a) The diagnosis of CJD in a plaintiff will be determined
on the facts of each case.
(b) In the case of the plaintiff (or any other plaintiff)
displaying possible symptoms of CJD such as ataxia, the Commonwealth
will on notification consult an independent specialist expert in the
field of CJD and seek his/her advice on the symptoms. In the event that
agreement of diagnosis of CJD cannot be reached between the parties
an Arbitrator (clause 4.1 of the Agreement & Release) will be appointed
to determine the issue.
(c) I advise that no fresh proceedings will be required
to be issued in order to seek compensation as agreed under the Agreement
& Release. It will only be required that notification be made to
the Department of Health & Family Services that the plaintiff has
been diagnosed with Creutzfeldt - Jakob Disease.
(d) In the event that a plaintiff does not accept the offer
of the settlement the Commonwealth will commence action to take the
required steps as pursuant to the Supreme Court Rules to have the matter
prepared and set down for hearing.
In the event that the Commonwealth is successful in defending
the action or the plaintiff discontinues the action, the Commonwealth
will pursue recovery of its legal costs.
Yours faithfully
Geoff McDonald
Deputy Director
Melbourne Office
GPO Box 2853AA, Melbourne VIC 3001 12th Floor, 200 Queen Street, Melbourne
VIC 3000 .Telephone (03) 9242 1222 . DX 50 OFFICES IN CANBERRA, SYDNEY,
MELBOURNE, BRISBANE, PERTH, ADELAIDE, HOBART, DARWIN, TOWNSVILLE
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