Under s 37(3) of the Motor Accident Insurance Act 1994 (Qld), a claimant who entrusts the giving of notice to a solicitor reasonably believed to be competent has a reasonable excuse for delay caused by the solicitor's negligence. The deliberate omission from s 37(3) of the words 'or any person acting on his behalf' (which appeared in the predecessor provision) means the solicitor's conduct is not attributed to the claimant. However, the excuse may be qualified where the claimant had reason to doubt the solicitor's competence or failed to respond to the solicitor's requests. The majority held that 'the delay' encompasses the whole period from the date of the accident, not merely the period after the three-month notice period expired.
The full text is available to signed-in members, including the 10 later cases that cite this judgment.
2 of the 10 citing cases carry a classified treatment. How each court treated it is available to signed-in members.