Queensland Consolidated Acts

PERSONAL INJURIES PROCEEDINGS ACT 2002 - SECT 8B

8B Meaning of law practice certificate

(1) A
"law practice certificate" is a certificate in a form approved by the commissioner that states the matters mentioned in subsections (2) to (4) .

(2) The certificate muststate—

(a) the supervising principal and each associate of the law practice have not—

(i) given, agreed to give or allowed or caused someone to give consideration to another person for a claim referral or potential claim referral for the claim in contravention of section 71 (1) ; or

(ii) received, agreed to receive or allowed or caused someone else to receive consideration from another person for a claim referral or potential claim referral for the claim in contravention of section 71 (2) ; or

(b) if the supervising principal believes section 71 does not apply because of section 71 (3) —the reasons for the belief.

(3) Also, the certificate must state—

(a) the supervising principal and each associate of the law practice have not personally approached or contacted the claimant and solicited or induced the claimant to make the claim in contravention of section 71B ; or

(b) if the supervising principal believes section 71B does not apply because of section 71B (3) —the reasons for the belief.

(4) In addition, if the claim is a speculative personal injury claim, the certificate must state the costs agreement relating to the claim complies with section 71E or the Legal Profession Act 2007 , section 347 .

(5) The law practice certificate must be signed by the supervising principal and verified by statutory declaration.

(6) To remove any doubt, it is declared that this section does not require or permit the supervising principal of a law practice to give information about communication with a claimant that is subject to legal professional privilege.

(7) In this section—

"consideration" , for a claim referral or potential claim referral, see section 71A .

"speculative personal injury claim" see the Legal Profession Act 2007 , section 346 .