Queensland Consolidated Acts

PERSONAL INJURIES PROCEEDINGS ACT 2002 - SECT 13A

13A Duty to give law practice certificate if waiver or presumption

(1) This section applies if—

(a) a claimant gives notice of the claimant’s claim that does not comply with section 9 (2) (c) (i) ; and

(b) the respondent to the claim—

(i) waives compliance with the requirements under this division for giving notice of the claim; or

(ii) is presumed to be satisfied notice has been given as required under this division.

(2) If the supervising principal of a law practice gave the claimant a law practice certificate for the claim under section 8C but the claimant has not given the certificate to the respondent, the supervising principal must, as soon as practicable, give a copy of the certificate to—

(a) the respondent; and

(b) if the respondent’s insurer has responded to part 1 of the claimant’s notice of claim—the respondent’s insurer.

(3) Subsection (4) applies if—

(a) the supervising principal of a law practice retained by the claimant in relation to the claimant’s claim did not give the claimant a law practice certificate for the claim under section 8C ; and

(b) the claimant has not subsequently given the respondent a law practice certificate for the claim from the supervising principal.

(4) The supervising principal must, within 1 month after the claimant is notified of the waiver or the presumption takes effect—

(a) complete a law practice certificate for the claim; and

(b) give the certificate to the respondentand a copy of the certificate to—

(i) the claimant; and

(ii) if the respondent’s insurer has responded to part 1 of the claimant’s notice of claim—the respondent’s insurer.

Penalty—

Maximum penalty for subsection (4) —300 penalty units.