Dictionary
Schedule 1 Dictionary
section 8
advertises personal injury services, for chapter 3, part 1, see section 64.
allowable publication method, for chapter 3, part 1, see section 65.
approved, for chapter 3, part 1, see section 63.
approved form see section 74.
associate, of a law practice, see the Legal Profession Act 2007, section 7(1).
Australian legal practitioner see the Legal Profession Act 2007, schedule 2.
average weekly earnings...
award, of damages, includes—
a payment of damages, whether or not liability is admitted; and
an ex gratia payment of monetary compensation.
child means an individual who is under 18.
claim means a claim, however described, for damages based on a liability for personal injury, whether the liability is based in tort or contract or in or on another form of action including breach of statutory duty and, for a fatal injury, includes a claim for the deceased’s dependants or estate.
claimant means a person by whom, or on whose behalf, a claim is made.
claim referral see section 70.
client, of a lawyer, for chapter 3, part 1, see section 63.
commissioner means the Legal Services Commissioner established under the Legal Profession Act 2007, section 583.
community legal service see the Legal Profession Act 2007, schedule 2.
complying notice of claim...
complying part 1 notice of claim means part 1 of a notice of a claim complying with section 9 and, if a respondent is added under section 14, section 14 that is given as required under chapter 2, part 1, division 1.
compulsory conference see section 36(1).
contribution notice means a contribution notice under section 16.
contributor means a person added as a contributor under section 16.
convicted, for chapter 3, part 1, see section 63.
costs—
when used in reference to legal costs, includes disbursements, whether or not a person has legal representation; and
when used in reference to the costs of a respondent on a claim, includes—
the amount paid out by the respondent on the claim to the claimant or for the claimant’s benefit, including—
the cost to the respondent of providing rehabilitation services in connection with the claim; and
the cost to the respondent of paying private hospital, medical and pharmaceutical expenses in connection with the claim; and
the cost to the respondent of investigating the claim and of litigation related to the claim, but not the respondent’s general administration costs.
court, in relation to a claim, means—
if a proceeding based on the claim has been started—the court hearing the proceeding; or
if no proceeding based on the claim has been started—a court with jurisdiction to hear the claim.
court, outside Queensland or Australia, includes any entity outside Queensland or Australia having an adjudicative function.
damages includes any form of monetary compensation.
declared costs limit means the amount fixed by the Minister under section 75A as the declared costs limit.
dust-related condition means—
any of the following diseases—
• aluminosis
• asbestos induced carcinoma
• asbestosis
• asbestos related pleural diseases
• bagassosis
• berylliosis
• byssinosis
• coal dust pneumoconiosis
• farmers’ lung
• hard metal pneumoconiosis
• mesothelioma
• silicosis
• silicotuberculosis
• talcosis; or
any other pathological condition of the lungs, pleura or peritoneum that is attributable to dust.
employment, for chapter 3, part 1, see section 63.
expression of regret...
fee, for chapter 3, part 1, see section 63.
health care...
health care claim...
health care provider...
hospital, for chapter 3, part 1, see section 63.
incident, in relation to personal injury, means the accident, or other act, omission or circumstance, alleged to have caused all or part of the personal injury.
incorporated legal practice, for chapter 3, part 1, see section 63.
industrial organisation means a federal organisation, or an organisation, under the Industrial Relations Act 2016, schedule 5.
injured person means a person who suffers personal injury.
insured includes indemnified.
insured person, in relation to a claim, means a person who is insured or purportedly insured against the claim.
insurer, of a person in relation to a claim, means the insurer or other entity providing, or purportedly providing, the person cover or an indemnity against the claim.
law firm, for chapter 3, part 1, see section 63.
law practice see the Legal Profession Act 2007, schedule 2.
law practice certificate see section 8B.
legal practitioner director, for chapter 3, part 1, see section 63.
legal practitioner partner, for chapter 3, part 1, see section 63.
lower offer limit means the amount fixed by the Minister under section 75A as the lower offer limit.
mandatory final offer see section 39(6).
member, for chapter 3, part 1, see section 63.
misconduct, for chapter 3, part 1, see section 63.
multi-disciplinary partnership, for chapter 3, part 1, see section 63.
party means claimant, respondent or contributor.
period of limitation means period of limitation under the Limitation of Actions Act 1974.
personal injury includes—
fatal injury; and
prenatal injury; and
psychological or psychiatric injury; and
disease.
possession includes control.
potential claimant means—
a person who suffers, or may suffer, personal injury arising out of an incident; or
another person who has or may have a claim in relation to a person mentioned in paragraph (a).
practitioner means an Australian legal practitioner.
principal, of a law practice, see the Legal Profession Act 2007, section 7(4).
printed publication, for chapter 3, part 1, see section 63.
professional misconduct see the Legal Profession Act 2007, schedule 2.
prohibited person, for chapter 3, part 1, see section 63.
provider...
public place, for chapter 3, part 1, see section 63.
rehabilitation includes the use of medical, psychological, physical, social, educational or vocational measures—
to restore, as far as reasonably possible, physical or mental functions lost or impaired through personal injury; and
to optimise, as far as reasonably possible, the quality of life of a person who suffers the loss or impairment of physical or mental functions through personal injury.
respondent means a person who—
is a respondent under section 12(1); or
is added as a respondent under section 14.
sole practitioner, for chapter 3, part 1, see section 63.
supervising principal, of a law practice in relation to a claim means—
the principal of the law practice who has the primary responsibility for the conduct of the claim; or
if section 8D applies in relation to a law practice certificate for the claim—the person who completes the certificate under that section.
upper offer limit means the amount fixed by the Minister under section 75A as the upper offer limit.
This Act’s bill:Explanatory memorandum
The statute text is free to read above. View subscription options to unlock the case-law research tools for each provision.