Referral Fees, Consideration and Claim Farming (Queensland)

Declarations

At the commencement of every claim, both the claimant and the law practice must declare that the matter was not referred in exchange for payment, benefit, or inducement. At the conclusion of the claim, those declarations are reaffirmed. These requirements form part of the broader legislative framework designed to prevent claim farming and ensure proper conduct.

James Law completes these declarations in accordance with the legislation.

James Law’s Position

James Law does not pay for personal injury referrals or work, does not purchase enquiries, and does not participate in claim farming. We do not enter arrangements where work is directed, encouraged, or influenced by a payment or benefit. People contact us directly or are referred without any form of inducement.

This approach supports independence in how matters are assessed. It also aligns with the purpose of the Personal Injuries Proceedings Act 2002 (Qld), which restricts improper advertising and prohibits practices that encourage or solicit claims.

This page explains the standards under which James Law operates. It is not intended to criticise other practices.

Why This Matters

How a matter comes to a law practice can affect independence, cost structures, and whether a claim proceeds appropriately. By not paying for work or participating in incentive-based referral arrangements, we are able to assess enquiries on their own merits and provide advice that is based on the available information, the law, and professional responsibilities.

Where a referral to another practice is more suitable, that decision is based on experience and alignment with the person’s needs — not commercial connection.

What Queensland Personal Injury Law Permits and Restricts

Queensland law restricts lawyers from giving or receiving consideration for the referral of personal injury matters, aside from limited exceptions for minor, token gestures that are not connected to generating work. The purpose of these restrictions is closely tied to the PIPA framework, which aims to prevent claim farming and improper solicitation.

James Law complies with these obligations and does not use gifts, payments, or arrangements of any kind to obtain referrals.

What James Law Does Not Do

James Law does not:

• pay referral fees or commissions
• pay for leads, enquiries, or introductions
• provide benefits in exchange for work
• use claim brokers or intermediaries

Our work is not sourced through paid or incentivised channels.

Subtle Forms of Referral Conduct

Some arrangements may not appear to be referral fees but still involve a benefit connected with sourcing personal injury matters. Examples include:

• third-party lead generation businesses collecting claimant information and selling it to law practices
• arrangements labelled as marketing, consulting, or business development where payments correlate with work referred
• payments for “screening”, “verification”, or “eligibility assessments” when these effectively operate as referral channels
• reciprocal referral expectations between law practices or service providers

Even where indirect, these arrangements may amount to prohibited consideration under the broader objectives of PIPA and the advertising restrictions that exist to prevent them.

James Law does not participate in these practices.

Medical Providers and Solicitation

Queensland law also restricts certain conduct by medical treatment providers and others who interact with injured people. Under the Personal Injuries Proceedings Act 2002 (Qld), a person who obtains information about an incident through their work must not solicit or induce an individual to make a claim and must not provide the name or contact details of a particular law practice in connection with a potential claim. These rules exist to prevent improper influence and protect the independence of an injured person’s decision-making.