Queensland Numbered Acts

MOTOR ACCIDENT INSURANCE AND OTHER LEGISLATION AMENDMENT ACT 2019 - SECT 6

6 Insertion of new pt 4, div 2A

Part 4 —
insert—

Division 2A - Law practice certificates generally and certificates before notice of claim

36A Law practice retained by claimant before notice of claim

(1) This section applies if a law practice is retained by a claimant to act in relation to the claimant’s claim before the claimant has given notice of the claim under section 37.

(2) The supervising principal of the law practice must—

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

(b) give the certificate to the claimant before the claimant gives notice of the claim under section 37.

Penalty—

Maximum penalty—300 penalty units.

Note—

See also section 36C.

(3) In this section—

"claimant" includes a potential claimant.

36B Meaning of law practice certificate

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

(2) The certificate must state—

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

(i) given, agreed to give or allowed or caused someone else to give consideration to another person for a claim referral or potential claim referral for the claim in contravention of section 74(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 74(2); or

(b) if section 74 does not apply to the supervising principal or an associate of the law practice—the circumstances mentioned in section 74(3) why it does not apply.

(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 75; or

(b) if section 75 does not apply to the supervising principal or an associate of the law practice—the circumstances mentioned in section 75(3) why it does not apply.

(4) Further, if the claim is a speculative personal injury claim, the certificate must state the costs agreement relating to the claim complies with section 79 or with 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—

"claimant" includes a potential claimant.

"claim referral" see section 74(4).

"consideration" , for a claim referral or potential claim referral, see section 74A.

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

"supervising principal" includes a person who is completing a certificate under section 36C.

36C Supervising principal cannot complete law practice certificate or notice

(1) This section applies if the supervising principal of a law practice cannot comply with section 36A, 36E, 37AB, 39A or 41A in relation to a claim.

(2) Either of the following may complete and give the law practice certificate or notice mentioned in section 36E(3) for the supervising principal to satisfy the section—

(a) another principal of the law practice;

(b) if the supervising principal is the only principal of the law practice—a lawyer nominated by the supervising principal.

36D False or misleading law practice certificate

(1) A supervising principal of a law practice must not sign, or give to a claimant or an insurer, a law practice certificate the principal knows is false or misleading in a material particular.

Penalty—

Maximum penalty—300 penalty units.

(2) In this section—

"claimant" includes a potential claimant.

"supervising principal" includes a person who is completing a certificate under section 36C.

36E Law practice referral through sale of business

(1) This section applies if—

(a) a law practice (the
"current practice" ) sells all or part of the law practice’s business to another law practice (the
"new practice" ); and

(b) as part of the sale, a claimant is referred to the new practice; and

(c) the claimant has not given notice of the claim under section 37 before the claimant is referred to the new practice.

(2) The supervising principal of the current practice must, before the referral occurs—

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

(b) give the law practice certificate to the new practice and a copy of the certificate to the claimant.

Penalty—

Maximum penalty—300 penalty units.

Note—

See also section 36C.

(3) If the new practice does not receive the law practice certificate mentioned in subsection (2), the supervising principal of the new practice must, as soon as practicable—

(a) complete a notice that states the new practice has not received the certificate; and

(b) give the notice to the commission.

(4) In this section—

"claimant" includes a potential claimant.