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.
In Nominal Defendant v Kisse  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.
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|Item Type:||Journal Article|
|Keywords:||solicitor commencing proceeding without authority, costs order against solicitor on indemnity basis|
|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|
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