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PERSONAL INJURIES PROCEEDINGS ACT 2002 - SECT 66
Restriction on advertising personal injury service
66 Restriction on advertising personal injury service
(1) A practitioner or another person, whether or not the other person is
acting for a law practice, must not advertise personal injury services except
by the publication of a statement that— (a) states only the name and contact
details of the practitioner or a law practice of which the practitioner is a
member, together with information as to any area of practice or speciality of
the practitioner or law practice; and
(b) is published by an allowable
publication method.
Example of advertising that contravenes subsection (1)—
advertising personal injury services on a ‘no win, no fee’ or other
speculative basis
Penalty— Maximum penalty—300 penalty units.
(2) However, for a
practitioner or a person acting for the practitioner or a law practice of
which the practitioner is a member, the practitioner or person does not
contravene subsection (1) only because— (a) the practitioner or person
advertises personal injury services— (i) to any person who is already a
client of the practitioner or law practice; or
(ii) to any person at the
practitioner’s or law practice’s place of business; or
(iii) under any
order by a court; or
(b) the practitioner or person advertises personal
injury services on the Internet website of the practitioner or a law practice
of which the practitioner is a member if the advertisement is limited to a
statement about— (i) the operation of the law of negligence and a person’s
legal rights under that law; and
(ii) the conditions under which the
practitioner or law practice is prepared to provide personal injury services.
(3) A practitioner who contravenes subsection (1) may be charged with
misconduct in addition to being liable to the penalty provided under the
subsection for the contravention.
(4) A practitioner or another person,
whether or not the other person is acting for a law practice, does not
contravene subsection (1) only because the practitioner or person advertises
personal injury services in an edition of a publication which edition was
published before 18 June 2002.
(5) This section does not apply to a client
agreement under the Queensland Law Society Act 1952 , part 4A given by a
practitioner to a client for whom the practitioner is acting.
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