QLDIn ForceAct
Personal Injuries Proceedings Act 2002
sec.66Restriction on advertising personal injury service
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### sec.66 Restriction on advertising personal injury service
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—
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
is published by an allowable publication method.
advertising personal injury services on a ‘no win, no fee’ or other speculative basis
Maximum penalty—300 penalty units.
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—
the practitioner or person advertises personal injury services—
to any person who is already a client of the practitioner or law practice; or
to any person at the practitioner’s or law practice’s place of business; or
under any order by a court; or
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—
the operation of the law of negligence and a person’s legal rights under that law; and
the conditions under which the practitioner or law practice is prepared to provide personal injury services.
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.
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.
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.
s 66 amd 2002 No. 38 s 3 sch pt 1
sub 2006 No. 24 s 12
(sec.66-ssec.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— 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 is published by an allowable publication method. advertising personal injury services on a ‘no win, no fee’ or other speculative basis Maximum penalty—300 penalty units.
(sec.66-ssec.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— the practitioner or person advertises personal injury services— to any person who is already a client of the practitioner or law practice; or to any person at the practitioner’s or law practice’s place of business; or under any order by a court; or 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— the operation of the law of negligence and a person’s legal rights under that law; and the conditions under which the practitioner or law practice is prepared to provide personal injury services.
(sec.66-ssec.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.
(sec.66-ssec.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.
(sec.66-ssec.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.
- (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.
- (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
- (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.
- (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.
- (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
- (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.