Queensland Consolidated Acts

MOTOR ACCIDENT INSURANCE ACT 1994 - SECT 36B

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 .