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Personal Injuries Proceedings Act 2002
sec.13ADuty to give law practice certificate if waiver or presumption
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### sec.13A Duty to give law practice certificate if waiver or presumption
This section applies if—
a claimant gives notice of the claimant’s claim that does not comply with section 9 (2) (c) (i) ; and
the respondent to the claim—
waives compliance with the requirements under this division for giving notice of the claim; or
is presumed to be satisfied notice has been given as required under this division.
If the supervising principal of a law practice gave the claimant a law practice certificate for the claim under section 8C but the claimant has not given the certificate to the respondent, the supervising principal must, as soon as practicable, give a copy of the certificate to—
the respondent; and
if the respondent’s insurer has responded to part 1 of the claimant’s notice of claim—the respondent’s insurer.
Subsection (4) applies if—
the supervising principal of a law practice retained by the claimant in relation to the claimant’s claim did not give the claimant a law practice certificate for the claim under section 8C ; and
the claimant has not subsequently given the respondent a law practice certificate for the claim from the supervising principal.
The supervising principal must, within 1 month after the claimant is notified of the waiver or the presumption takes effect—
complete a law practice certificate for the claim; and
give the certificate to the respondent and a copy of the certificate to—
the claimant; and
if the respondent’s insurer has responded to part 1 of the claimant’s notice of claim—the respondent’s insurer.
Maximum penalty for subsection (4) —300 penalty units.
s 13A ins 2022 No. 13 s 45
(sec.13A-ssec.1) This section applies if— a claimant gives notice of the claimant’s claim that does not comply with section 9 (2) (c) (i) ; and the respondent to the claim— waives compliance with the requirements under this division for giving notice of the claim; or is presumed to be satisfied notice has been given as required under this division.
(sec.13A-ssec.2) If the supervising principal of a law practice gave the claimant a law practice certificate for the claim under section 8C but the claimant has not given the certificate to the respondent, the supervising principal must, as soon as practicable, give a copy of the certificate to— the respondent; and if the respondent’s insurer has responded to part 1 of the claimant’s notice of claim—the respondent’s insurer.
(sec.13A-ssec.3) Subsection (4) applies if— the supervising principal of a law practice retained by the claimant in relation to the claimant’s claim did not give the claimant a law practice certificate for the claim under section 8C ; and the claimant has not subsequently given the respondent a law practice certificate for the claim from the supervising principal.
(sec.13A-ssec.4) The supervising principal must, within 1 month after the claimant is notified of the waiver or the presumption takes effect— complete a law practice certificate for the claim; and give the certificate to the respondent and a copy of the certificate to— the claimant; and if the respondent’s insurer has responded to part 1 of the claimant’s notice of claim—the respondent’s insurer. Maximum penalty for subsection (4) —300 penalty units.
- (a) a claimant gives notice of the claimant’s claim that does not comply with section 9 (2) (c) (i) ; and
- (b) the respondent to the claim— (i) waives compliance with the requirements under this division for giving notice of the claim; or (ii) is presumed to be satisfied notice has been given as required under this division.
- (i) waives compliance with the requirements under this division for giving notice of the claim; or
- (ii) is presumed to be satisfied notice has been given as required under this division.
- (i) waives compliance with the requirements under this division for giving notice of the claim; or
- (ii) is presumed to be satisfied notice has been given as required under this division.
- (a) the respondent; and
- (b) if the respondent’s insurer has responded to part 1 of the claimant’s notice of claim—the respondent’s insurer.
- (a) the supervising principal of a law practice retained by the claimant in relation to the claimant’s claim did not give the claimant a law practice certificate for the claim under section 8C ; and
- (b) the claimant has not subsequently given the respondent a law practice certificate for the claim from the supervising principal.
- (a) complete a law practice certificate for the claim; and
- (b) give the certificate to the respondent and a copy of the certificate to— (i) the claimant; and (ii) if the respondent’s insurer has responded to part 1 of the claimant’s notice of claim—the respondent’s insurer.
- (i) the claimant; and
- (ii) if the respondent’s insurer has responded to part 1 of the claimant’s notice of claim—the respondent’s insurer.
- (i) the claimant; and
- (ii) if the respondent’s insurer has responded to part 1 of the claimant’s notice of claim—the respondent’s insurer.