|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
AGP – Claimant
QBE Insurance (Australia) Limited – 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:||AGP (D.O.B: XX/03/2010)|
|Insurer:||QBE Insurance (Australia) Limited|
|In respect of a motor accident on||14 December 2018|
The decision is as follows:
1. I am satisfied that the claimant, AGP, 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 AGP dated XX January 2003.
Proposed appointed representative
2. XXXXX makes an application to be the appointed representative of the claimant, AGP, for the purposes of Division 7.7 of the Motor Accident Injuries Act 2017. XXXXX is the claimant’s solicitor.
3. I have considered the application to be an appointed representative dated 15 August 2019 and I am satisfied that the proposed appointed representative, XXXXX, has consented to being appointed as the representative and that he 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, AGP, until such time that the claimant turns 18 years of age.
Emma Toohey (Claims Assessor)
17 September 2019