Under s 37(4) of the Motor Accident Insurance Act 1994 (Qld), an explanation for delay in giving notice of claim must be included within the notice of claim document itself and sworn by the claimant personally; an explanation in a solicitor's covering letter is insufficient. An application for leave to bring proceedings under s 39(5)(c) despite non-compliance with notice requirements must be made within the limitation period; leave cannot be granted nunc pro tunc after the limitation period has expired, overruling McKelvie v Page [1999] 2 Qd R 259.
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