Identify a nominee for an unincorporated Queensland institution
MaintainedLast reviewed
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- From the records the lawyer selects, list the institution, any nominee, any associated trust, and whether 120 days have passed since the proceeding started. Do not decide who the nominee should be.
- What the lawyer must review
- Decide whether to start against the institution and whether to apply for a trustee to be the nominee.
- Diarise 120 days from the start of the proceeding.
- If a pre-court notice of claim is required, send it to the head of the institution.
- Keep the file in the firm's system. Confidentiality and APP 11 apply.
Rules that apply
The document starts from the task name. Change it if this piece of work is different.
The work product
Forum. Queensland. The court hearing the abuse claim. The State's guidelines are not a forum.
Produce. A defendant table: institution, nominee, trust, and the 120-day date if a proceeding has started.
Have ready. Whether the institution is unincorporated; Any nominee and that person's consent; Any associated trust; The date the proceeding started.
Example of the limit. Illustrative example: The proceeding has been on foot for more than 120 days and no nominee is named. The tool records that fact. The lawyer decides whether to apply for an order that a trustee is the nominee.
Stop and hand it back when
- The 120-day count is being made without a commencement date.
- The letter is being treated as the notice of claim.
Sources for this task were checked on 2026-10-23.
Who does what
| Role | What they do |
|---|---|
| Assistance | From the records the lawyer selects, list the institution, any nominee, any associated trust, and whether 120 days have passed since the proceeding started. Do not decide who the nominee should be. |
| Lawyer | Set the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output. |
Checklist
- A proceeding for an abuse claim may be started against an unincorporated institution (s 33H(2)). The institution may nominate a person, with that person's consent.
- If at least 120 days have passed and there is no nominee, or the nominee lacks sufficient assets, the court may order that the trustee of an associated trust is the nominee. The trust may be one that used to be associated, where the change was made to avoid liability.
- A notice of claim required under the Personal Injuries Proceedings Act 2002 s 9(1) must be given to the head of the institution.
- The November 2022 guidelines say the State will help identify the proper defendant where none is named or the one named is wrong. The guidelines do not bind the State.
Forms and precedents for this task
| Form or precedent | Kind | AI use | Summary |
|---|---|---|---|
| Letter to an institution about a claim for abuse of a child | Letter | AI use Yellow | Letter telling an institution that a person intends to claim for abuse suffered as a child, covering the limitation position and the proper-defendant rules in Victoria, Queensland and New South Wales. |
Signed-in accounts can read the full text of each one. All precedents.
Sources
- Civil Liability Act 2003 (Qld) s 33H · 2026-10-23
- Queensland whole-of-government guidelines for child-abuse civil litigation, November 2022 · 2026-10-23
- Personal Injuries Proceedings Act 2002 (Qld) s 6 · 2026-10-23
The guidelines are not a substitute for s 33H. They do not bind a private institution.
The time allowed for the s 9 notice was not opened. Do not state a number of months.