Duty to give law practice certificate if waiver or presumption
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.
This Act’s bill:Explanatory memorandum
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