Assemble the facts for a Queensland application to set aside an old settlement
MaintainedLast reviewed
Key facts
- Human involvement
- RedLawyer-led
- How AI is used
- From the deed and the payment records the lawyer has marked, extract the date, the amount, and whether the file says a limitation period had already expired. Write nothing that is filed. Do not name a calendar commencement date.
- What the lawyer must review
- The lawyer writes the application. Section 48(6) only defines the terms. It is not a second test.
- The settlement must pre-date the commencement of s 11A, and post-date an expired limitation period.
- Decide whether setting the agreement aside is just and reasonable under section 48(5A).
- A court other than the Supreme Court may not set aside another court's judgment.
- Keep the file in the firm's system. Confidentiality 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. The court hearing the action. Only the Supreme Court may set aside another court's judgment under s 48.
Produce. A fact table from the earlier deed, for the lawyer who writes the application.
Have ready. The deed and its date; The amount paid; Whether a limitation period had expired before the settlement; Any earlier judgment and which court entered it.
Example of the limit. Illustrative example: The deed is dated years before the file can say s 11A had commenced, and the limitation period had already expired. The tool records those two facts and the amount. The lawyer writes the application.
Stop and hand it back when
- The tool is asked to write a paragraph of the application.
- Someone asks for a calendar date for the commencement of s 11A.
Sources for this task were checked on 2026-10-23.
Who does what
| Role | What they do |
|---|---|
| Assistance | Supporting preparation only. From the deed and the payment records the lawyer has marked, extract the date, the amount, and whether the file says a limitation period had already expired. Write nothing that is filed. Do not name a calendar commencement date. The tool writes nothing into the document. Substantive advice, judgement and any restricted content remain with the responsible human. |
| Lawyer | Perform the substantive analysis and decisions. Independently check any permitted supporting work and approve the exact output for its intended use. |
Checklist
- Section 48(5A) allows an action on a previously settled right of action if a court sets aside the agreement because it is just and reasonable.
- A previously settled right of action is one to which s 11A applies that was settled before the commencement of s 11A, and after a limitation period had expired.
- Setting the agreement aside voids each associated agreement. A contract of insurance is outside that definition. The court may bring the old consideration and costs to account.
- Section 48(5) says a court other than the Supreme Court may not set aside another court's judgment under the section.
Forms and precedents for this task
| Form or precedent | Kind | AI use | Summary |
|---|---|---|---|
| Checklist for setting aside an earlier settlement of a child-abuse claim | Checklist | AI use Yellow | A lawyer's list of the statutory grounds for asking a court to set aside an earlier settlement of a child-abuse claim in Victoria, Queensland and New South Wales. |
Signed-in accounts can read the full text of each one. All precedents.
Sources
- Limitation of Actions Act 1974 (Qld) s 48 · 2026-10-23
- Limitation of Actions Act 1974 (Qld) s 11A · 2026-10-23
- Queensland Courts, using generative artificial intelligence · 2026-10-23
Do not invent the commencement date of s 11A. Section 49 was seen only as a table title and is not described. A deed signed today is not a previously settled right of action on the words opened.
If this is used in a Supreme Court document, the Queensland Courts page lists Supreme Court Practice Direction 5 of 2025 on the accuracy of references in submissions. The direction was not opened, so no clause is quoted.