New South Wales Consolidated Regulations

MOTOR ACCIDENT INJURIES REGULATION 2017 - REG 41

41 Referral fees

(1) An Australian legal practitioner has a duty not to receive consideration for referring a claimant (who is represented by the Australian legal practitioner) to a person for the purposes of a service being provided in respect of the claimant's claim.

(2) An Australian legal practitioner is taken to receive consideration if a close associate of the Australian legal practitioner receives the consideration.

(3) An Australian legal practitioner has a duty not to give consideration for the referral of a person to the Australian legal practitioner for the purposes of the Australian legal practitioner representing the person in relation to a claim.

(4) An Australian legal practitioner is taken to give consideration if a close associate or close relative of the Australian legal practitioner gives the consideration.

(5) In this clause--

"close associate" of an Australian legal practitioner means--

(a) an employer of the Australian legal practitioner (including, if the employer is a corporation, a director of the corporation), or

(b) a partner, or a close relative of the partner, of a law firm of which the Australian legal practitioner is also a partner, or

(c) an employee or agent of the Australian legal practitioner or of a person referred to in paragraph (a) or (b), or

(d) a close relative of the Australian legal practitioner.

"close relative" of a person means--

(a) a spouse or de facto partner of the person, or

(b) a parent, grandparent, child or step-child of the person, or

(c) a sibling (including a half-sister, half-brother and step-sibling) of the person, or

(d) an aunt, uncle, cousin, niece or nephew of the person.

"consideration" includes a fee or any other financial benefit but does not include hospitality that is reasonable in the circumstances.