National Injury Insurance Scheme Queensland v Ater

In the case of National Injury Insurance Scheme Queensland v Ater, the applicant, the National Injury Insurance Scheme Queensland, sought a sanction of a preservation notice issued on behalf of Mr Ater, who has suffered catastrophic injuries. The preservation notice sought to preserve any right to be awarded treatment, care and support damages in a common law damages claim. Mr Ater, a lifetime participant in the Scheme, has a litigation guardian, Ms Shawar, who has been appointed under the Guardianship and Administration Act 2000 (Qld). The issue before the Court was whether the sanction of the preservation notice was in the best interests of Mr Ater, who is under a legal disability due to his lack of capacity to make or communicate decisions in relation to a legal matter.

The Court considered the relevant provisions of the National Injury Insurance Scheme Act 2016 (Qld) and the Guardianship and Administration Act 2000 (Qld). The Court found that Mr Ater is under a legal disability, as he does not have the capacity to make the decision required to issue the preservation notice. In making its decision, the Court referred to the principles in Schedule 1 of the Guardianship and Administration Act 2000 (Qld) and considered what is in Mr Ater's best interests. The Court also noted that the Agency does not apply to the Court for an order under s 43 of the Act.

The Court sanctioned the preservation notice and made orders to ensure that the litigation guardian receives legal advice and confirms that it is in Mr Ater's best interests to proceed with the claim. The Court also reserved costs and provided the parties with the liberty to apply within fourteen days in respect of the second order.

In summary, the Court sanctioned the preservation notice and made orders to ensure that Mr Ater's litigation guardian receives appropriate legal advice and confirms that it is in his best interests to proceed with the claim. The Court considered the relevant legislation and the principles in the Guardianship and Administration Act 2000 (Qld) in making its decision.