QLDIn ForceAct
Agents Financial Administration Act 2014
sec.88Making claims other than particular claims relating to marketeering contraventions and non-investment residential property
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### sec.88 Making claims other than particular claims relating to marketeering contraventions and non-investment residential property
This section applies to a claim against the fund, other than a claim for loss because of, or arising out of, a marketeering contravention relating to the purchase of a non-investment residential property.
The claim must be made to the chief executive in the approved form and state—
the event alleged to give rise to the claim; and
when the event happened; and
if the claimant was not immediately aware that the claimant suffered financial loss because of the happening of the event, when the claimant became aware of the financial loss; and
all relevant particulars about the event and the financial loss; and
the claimant’s estimated financial loss.
The claim is taken to have been made on the day the claim is given to the chief executive even if the claimant is unable to state all of the particulars mentioned in subsection (2) .
The chief executive may require the claimant to verify the claim, or part of the claim.
statutory declaration
If the claim is not made within the time allowed under section 85 , the chief executive must give the person a notice in the approved form stating that—
the claim is out of time; and
the person may apply to QCAT, within 14 days after being given the notice, for an extension of time within which to make the claim.
(sec.88-ssec.1) This section applies to a claim against the fund, other than a claim for loss because of, or arising out of, a marketeering contravention relating to the purchase of a non-investment residential property.
(sec.88-ssec.2) The claim must be made to the chief executive in the approved form and state— the event alleged to give rise to the claim; and when the event happened; and if the claimant was not immediately aware that the claimant suffered financial loss because of the happening of the event, when the claimant became aware of the financial loss; and all relevant particulars about the event and the financial loss; and the claimant’s estimated financial loss.
(sec.88-ssec.3) The claim is taken to have been made on the day the claim is given to the chief executive even if the claimant is unable to state all of the particulars mentioned in subsection (2) .
(sec.88-ssec.4) The chief executive may require the claimant to verify the claim, or part of the claim. statutory declaration
(sec.88-ssec.5) If the claim is not made within the time allowed under section 85 , the chief executive must give the person a notice in the approved form stating that— the claim is out of time; and the person may apply to QCAT, within 14 days after being given the notice, for an extension of time within which to make the claim.
- (a) the event alleged to give rise to the claim; and
- (b) when the event happened; and
- (c) if the claimant was not immediately aware that the claimant suffered financial loss because of the happening of the event, when the claimant became aware of the financial loss; and
- (d) all relevant particulars about the event and the financial loss; and
- (e) the claimant’s estimated financial loss.
- (a) the claim is out of time; and
- (b) the person may apply to QCAT, within 14 days after being given the notice, for an extension of time within which to make the claim.