What is being done to enforce the personal injury advertising rules?

The Legal Services Commission (LSC) has for some years been reviewing Yellow Pages for compliance with the PIPA restrictions, as well as more recently systematically reviewing law practice websites.

If the LSC believes your website does not comply, it will ask you to make amendments within three months, failing which you would risk disciplinary or civil proceedings. See the LSC Annual Report 2008-09 pp 43-46.

There have not been any proceedings taken under the Queensland legislation to date, but several cases have been brought in NSW for breaches of similar legislation. See Legal Services Commissioner v Malouf [2005] NSWADT 215 and Legal Services Commissioner v Keddie [2008] NSWADT 185.

These cases saw the solicitors involved publicly reprimanded and heavily fined – which would suggest that any breach of the Queensland provisions would be treated very seriously.