Answer a Queensland notice that the damages claim does not comply
MaintainedLast reviewed
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- In the firm-controlled tool, list each noncompliance the insurer identifies and the remedy time in section 278. Do not rewrite the notice of claim.
- What the lawyer must review
- Decide which defects are real, and what is sent to remedy them.
- The lawyer writes any verification. The tool writes none of it.
- Diary the remedy period in business days.
- Keep medical and wage records in the firm-controlled tool. ASCR r 9 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: an insurer's notice under section 278 that a notice of claim does not comply
Produce. A defect table and a response list for a noncompliant Queensland notice of claim.
Have ready. Insurer's compliance notice; Notice of claim as lodged; Law practice certificate, if a firm acts.
Example of the limit. Illustrative example: The insurer identifies a missing tax return on day 8 and allows 10 business days. The tool diaries that period and does not draft the declaration. The lawyer decides what is sent.
Stop and hand it back when
- The insurer's notice is not on the file.
- The tool has written the declaration.
Sources for this task were checked on 2026-10-23.
Who does what
| Role | What they do |
|---|---|
| Assistance | In the firm-controlled tool, list each noncompliance the insurer identifies and the remedy time in section 278. Do not rewrite the notice of claim. |
| Lawyer | Set the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output. |
Checklist
- Answer only the noncompliance the section 278 notice identifies.
- Count at least 10 business days to remedy, and 10 business days for the insurer's further notice.
- If the insurer gave no section 278(2) notice in 10 business days, record that the notice of claim is taken to comply.
- The lawyer writes any statutory declaration required by section 275(5). Nothing is generated into it.
Sources
- Workers' Compensation and Rehabilitation Act 2003 (Qld) s 278 · 2026-10-23
- Workers' Compensation and Rehabilitation Act 2003 (Qld) s 275 · 2026-10-23
- Queensland Courts: Using generative AI · 2026-10-23
Section 278 requires the insurer's response within 10 business days, identifying the noncompliance and, if it is not waived, allowing at least 10 business days to remedy it. If the insurer does not give that notice in time, the notice of claim is taken to comply. A further notice follows within 10 business days after the remedy period. Section 275(5) requires any statement in the claimant's personal knowledge to be verified by statutory declaration. Section 275(7A) requires the law practice certificate where a firm is retained. The declaration is written by the lawyer.
If this work is filed, use the Queensland Courts generative AI page. That page names Supreme Court Practice Direction 5 of 2025 and District Court Practice Direction 12 of 2025, both on the accuracy of references in submissions, and it also names Planning and Environment Court Practice Direction 7 of 2025 and Land Court Practice Direction 4 of 2025. Supreme Court Practice Direction 14 of 2024, subparagraph 16(l), is about expert evidence in criminal proceedings. The direction PDFs were not opened, so their operative text is not set out here.
Keep health and wage records in a firm-controlled tool. ASCR r 9 and APP 11 apply. A breach may be notifiable under the Privacy Act 1988 (Cth).