|NSW DISPUTE RESOLUTION SERVICE (NSWDRS)|
|Jurisdiction||Miscellaneous Claims Assessment|
|Catchwords||Appointed representative – person under a legal incapacity – child under the age of 18 years – birth certificate|
Motor Accident Injuries Act 2017 (NSW) ss 7.42(2)(a)|
Motor Accident Guidelines 2017 (as amended on 15 January 2019) cl 7.111
AFO – Claimant
NRMA – Insurer
|Disclaimer||This decision has been edited to remove all Unique Personal Identification including the name of the Claimant.|
Issued in accordance with section 7.47 of the Motor Accident Injuries Act 2017 and clause 7.111 of the Motor Accident Guidelines
|Claimant under legal incapacity:||AFO (D.O.B: XX/03/2010)|
|In respect of a motor accident on||18 May 2018|
The decision is as follows:
1. I am satisfied that the claimant, AFO, is a person under legal incapacity in accordance with section 7.47(2)(a), being a child under the age of 18 years. In making this decision I rely upon the certified copy of the birth certificate of AFO dated XX December 2015.
Proposed appointed representative
2. XXXXX makes an application to be the appointed representative of the claimant, AFO, for the purposes of Division 7.7 of the Motor Accident Injuries Act 2017.XXXXX is the claimant’s mother.
3. I have considered the statutory declaration dated 13 February 2019 and I am satisfied that the proposed appointed representative, XXXXX, has consented to being appointed as the representative and that she does not have any interest in the proceedings adverse to the interests of the person under legal incapacity.
4. For the reasons outlined above, XXXXX is to be the appointed representative for the claimant, AFO, until such time that the claimant turns 18 years of age.
Michelle Boyle (Claims Assessor)
8 August 2019