Queensland Numbered Acts

MOTOR ACCIDENT INSURANCE AND OTHER LEGISLATION AMENDMENT ACT 2019 - SECT 9

9 Insertion of new ss 37AA and 37AB

After section 37 —
insert —

37AA Law practice certificate not given

(1) This section applies if—

(a) the supervising principal of a law practice in relation to a claim fails to give a law practice certificate to the claimant as required under section 36A; and

(b) because of the principal’s failure, the claimant—

(i) cannot comply with the requirements of section 37(1) within the period mentioned in section 37(2); and

(ii) terminates in writing the engagement of the law practice to act for the claimant in relation to the claim.

(2) The principal must, within 14 days after the termination, refund to the claimant all fees and costs, including disbursements, paid by the claimant in relation to the claim.

(3) In this section—

"claimant" includes a potential claimant.

37AB Law practice retained by claimant after notice of claim

(1) This section applies if—

(a) a law practice is retained by a claimant to act in relation to the claimant’s claim; and

(b) the claimant has given notice of the claim under section 37 before retaining the law practice.

(2) The supervising principal of the law practice in relation to the claim must within 1 month after the practice is retained—

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

(b) give the law practice certificate to the insurer.

Penalty—

Maximum penalty—300 penalty units.

Note—

See also section 36C.