Solicitors who commence a proceeding without authority act at their peril

Jackson, Sheryl (2002) Solicitors who commence a proceeding without authority act at their peril. The Queensland Lawyer, 22(4), pp. 122-124.

View at publisher

Abstract

In Nominal Defendant v Kisse [2001] QDC 290 a person suffered personal injury caused by a motor vehicle in circumstances where there was a cause of action to which the Motor Accident Insurance Act 1994 applied. The person died before taking the steps required under Pt 4 of the Act and before commencing litigation to enforce that cause of action. The decision also involved a costs order against solicitors on an indemnity basis, providing a timely reminder to practitioners of the importance of ensuring they have proper authority before commencing any court proceedings.

Impact and interest:

Citation counts are sourced monthly from Scopus and Web of Science® citation databases.

These databases contain citations from different subsets of available publications and different time periods and thus the citation count from each is usually different. Some works are not in either database and no count is displayed. Scopus includes citations from articles published in 1996 onwards, and Web of Science® generally from 1980 onwards.

Citations counts from the Google Scholar™ indexing service can be viewed at the linked Google Scholar™ search.

ID Code: 73121
Item Type: Journal Article
Refereed: No
Keywords: solicitor commencing proceeding without authority, costs order against solicitor on indemnity basis
ISSN: 1312-1658
Subjects: Australian and New Zealand Standard Research Classification > LAW AND LEGAL STUDIES (180000) > LAW (180100) > Legal Practice Lawyering and the Legal Profession (180121)
Australian and New Zealand Standard Research Classification > LAW AND LEGAL STUDIES (180000) > LAW (180100) > Litigation Adjudication and Dispute Resolution (180123)
Divisions: Current > QUT Faculties and Divisions > Faculty of Law
Current > Schools > School of Law
Copyright Owner: Copyright 2002 Thomson Legal and Regulatory Limited
Deposited On: 29 Jun 2014 23:45
Last Modified: 29 Jun 2014 23:45

Export: EndNote | Dublin Core | BibTeX

Repository Staff Only: item control page