Queensland Consolidated Acts

CIVIL LIABILITY ACT 2003 - SECT 33H

33H Claim against unincorporated institution and nomination of appropriate defendant

(1) This section applies in relation to an institution that is an unincorporated body.

(2) A proceeding for an abuse claim may be started against the institution.

(3) A notice of a claim required to be given to the institution under the Personal Injuries Proceedings Act 2002 , section 9 (1) must be given to the head of the institution.

(4) The institution may nominate a person, with the person’s consent, to be the appropriate defendant for the purposes of an abuse claim against the institution.

(5) Subsection (6) applies if—

(a) at least 120 days have passed since a proceeding for an abuse claim was started against the institution; and

(b) either—

(i) there is no nominee for the institution; or

(ii) a court is satisfied the institution’s nominee does not have sufficient assets to satisfy a liability that may be found under a decision on the abuse claim.

(6) On application by the claimant, a court may order that the trustee of a trust is the institution’s nominee if the court is satisfied—

(a) the trust is, or used to be, an associated trust of the institution; and

(b) for a trust that is no longer an associated trust of the institution—a reason for causing the trust to cease to be an associated trust was to try to avoid trust property being applied to satisfy a liability that may be found under a decision on an abuse claim; and

(c) the order would be appropriate.

(7) A court may—

(a) order the institution to do the following within 28 days or any other period the court considers appropriate—

(i) identify to the court any trusts that are, or used to be, associated trusts of the institution;

(ii) provide particular information about the financial capacity of the trusts; and

(b) make any other orders, and give the directions, it considers appropriate for the purpose of establishing—

(i) whether a trust is, or used to be, an associated trust of the institution; or

(ii) the financial capacity of a trust mentioned in subparagraph (i) ; or

(iii) whether a nominee of the institution has sufficient assets to satisfy a liability that may be found under a decision on the abuse claim; or

(iv) whether it would be appropriate to make an order in relation to a trustee under subsection (6) .