---
title: "Apply the Queensland cap on a speculative personal injury claim"
url: "https://ailawframework.com/obligations/costs-billing-and-litigation-funding/work-out-the-cap-on-what-may-be-charged-for-a-speculative-personal-injur/queensland"
type: "task_jurisdiction_version"
site: "AI Law Framework"
id: "A42-CS20261023-2-QLD"
practice_area: "Costs, billing & litigation funding"
tier: "yellow"
lawyer_review: "required"
jurisdictions: ["QLD"]
last_reviewed: "2026-10-25"
---

# Apply the Queensland cap on a speculative personal injury claim

> From the judgment or settlement, refunds, disbursements and funding charges the lawyer marks, list E, R, D and the additional amounts. Do not state the amount that may be charged.

Canonical page: https://ailawframework.com/obligations/costs-billing-and-litigation-funding/work-out-the-cap-on-what-may-be-charged-for-a-speculative-personal-injur/queensland  
Last reviewed: 2026-10-25

Site index for agents: https://ailawframework.com/llms.txt

## Key facts

| Fact | Value |
| --- | --- |
| Practice area | [Costs, billing & litigation funding](https://ailawframework.com/obligations/costs-billing-and-litigation-funding.md) |
| Human involvement | Yellow: Lawyer and AI draft together |
| How AI is used | From the judgment or settlement, refunds, disbursements and funding charges the lawyer marks, list E, R, D and the additional amounts. Do not state the amount that may be charged. |
| What the lawyer must review | The lawyer applies section 347. The tool only lists the inputs. Keep additional amounts, including funding interest, out of D. Do not treat the Commission's half description as a substitute for the formula. A higher charge needs the written approval the section requires. |
| Written for | Queensland |
| Applies to | [Work out the cap on what may be charged for a speculative personal injury claim](https://ailawframework.com/obligations/costs-billing-and-litigation-funding/work-out-the-cap-on-what-may-be-charged-for-a-speculative-personal-injur.md) |

## Checking plan

**Queensland speculative cap**

The tool lists E, R, D and the additional amounts. The lawyer applies the section 347 formula.

- What the AI does: From the judgment or settlement, refunds, disbursements and funding charges the lawyer marks, list E, R, D and the additional amounts. Do not state the amount that may be charged.
- What the lawyer does: Apply the formula and decide what may be charged and recovered.
- Who reviews: Lawyer competent in this practice area
- Basis: Checked against the linked sources on 23 October 2026. Confirm the current instrument before reliance.

## Checks the lawyer makes

1. E is the entitlement under the judgment or settlement, including costs the client is entitled to receive.
2. R is the total the client must refund. D is disbursements and expenses incurred by or on the advice of the practice, excluding additional amounts and interest on those disbursements.
3. Interest on a loan the practice recommended or facilitated to fund disbursements is an additional amount, not part of D.
4. Claim-related costs, inclusive of GST, are the legal costs plus the additional amounts. A higher amount needs written approval from the Queensland Law Society, or the Bar Association where the section says so.

## Notes

- The formula in section 347(1) is a graphic and was not extracted as algebra. The Legal Services Commission calls it the 50/50 rule and describes the limit as no more than half of the entitlement after refunds and disbursements. That description is not a substitute for the formula.
- Barrister's fees after the relevant notice of claim are excluded from additional amounts in the cases section 347 lists.
- Keep medical details in the firm's system. Apply the confidentiality duty and APP 11, and check whether a Privacy Act 1988 (Cth) breach is notifiable.

## Practical guide

Jurisdiction: Queensland. A speculative personal injury claim under the Legal Profession Act 2007.

**Deliverable**: A list of section 347 inputs for the lawyer to apply. Not a concluded charge.

**Inputs**

- Judgment or settlement figures marked by the lawyer
- Refunds
- Disbursement invoices
- Funding interest and fees

**Example**: Illustrative example: Interest on a disbursement loan the firm recommended is placed in D. The lawyer moves it to additional amounts before applying the cap.

**Stop and escalate when**

- The formula graphic has been replaced with an invented equation.
- Funding interest has been treated as a disbursement.

Checked 2026-10-23.

## Sources

- [Legal Profession Act 2007 (Qld) s 347, speculative personal injury claims](https://www5.austlii.edu.au/au/legis/qld/consol_act/lpa2007179/s347.html) (checked 2026-10-23)
- [Legal Services Commission (Qld), costs disclosure and costs agreements](https://www.lsc.qld.gov.au/for-the-profession/policies-and-guidelines/costs-disclosure-and-costs-agreements) (checked 2026-10-23)

*Practice guidance for planning and review. Confirm current primary sources and the requirements of the actual matter. This is general information, not legal advice.*