As a legal practitioner, you can identify when you need to provide a Law Practice Certificate by viewing our dedicated diagrams. MAIC requires insurers to report potential non-compliances of s.37AB and s.41A to us. Click on the relevant scenario to find out more.
1. Claimant retains law practice after giving NOAC to insurer BUT prior to compliance. 2. Claimant retains law practice after giving NOAC to insurer BUT prior to compliance AND law practice sells all of part of business to another law practice prior to responding to insurer regarding NOAC non-compliance. 3. Claimant retains law practice to lodge NOAC. 4. Unrepresented claimant retains law practice BUT law practice sells all or part of business to another law practice prior to giving NOAC to insurer. 5. Unrepresented claimant retains law practice after giving compliant NOAC to insurer. 6. Legally represented claimant retains new law practice (self-initiated or through the sale of all of part of business) after giving complying NOAC to insurer. 7. Claim resolved either by legally represented claimant or insurer accepting offer of settlement or judgment given.8. Supervising principal cannot complete the Law practice certificate due to planned absence.
When a supervising principal is the only principal of the law practice and intends to be absent from the law practice and wants to nominate a lawyer for the purpose of complying with s.36C(2)(b) MAIA in the event a Law practice certificate is required to be given, MAIC suggests the principal prepares a document prior to the planned absence (to be sent on any claim to any insurer in the principal’s absence) which:
- is printed on the law practice letterhead
- is addressed to “To whom it may concern”
- covers the requirements in s.36C by stating:
- I am (name of principal) and I am the supervising principal of (the law practice).
- I am the only principal of the law practice.
- I am intending to be absent from the law practice from (insert dates).
- Pursuant to s.36C(2)(b) Motor Accident Insurance Act 1994 I nominate another lawyer, (name of lawyer), to give a Law practice certificate on my behalf during my period of intended absence.
- includes both the principal’s signature and the signature of the lawyer who he/she is nominating
- includes the date the document was signed.