---
title: "Assemble the facts for a Queensland application to set aside an old settlement"
url: "https://ailawframework.com/practice/personal-injury-and-compensation/assemble-the-facts-for-an-application-to-set-aside-an-earlier-settlement/queensland"
type: "task_jurisdiction_version"
site: "AI Law Framework"
id: "A21-AB20261023-2-QLD"
practice_area: "Personal Injury & Compensation (workers compensation, CTP/TAC, medical negligence)"
tier: "red"
lawyer_review: "required"
jurisdictions: ["QLD"]
last_reviewed: "2026-10-25"
---

# Assemble the facts for a Queensland application to set aside an old settlement

> 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.…

Canonical page: https://ailawframework.com/practice/personal-injury-and-compensation/assemble-the-facts-for-an-application-to-set-aside-an-earlier-settlement/queensland  
Last reviewed: 2026-10-25

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

## Key facts

| Fact | Value |
| --- | --- |
| Practice area | [Personal Injury & Compensation (workers compensation, CTP/TAC, medical negligence)](https://ailawframework.com/practice/personal-injury-and-compensation.md) |
| Human involvement | Red: Lawyer writes; AI may check, clarify or collect data |
| 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. |
| Written for | Queensland |
| Applies to | [Assemble the facts for an application to set aside an earlier settlement](https://ailawframework.com/practice/personal-injury-and-compensation/assemble-the-facts-for-an-application-to-set-aside-an-earlier-settlement.md) |

## Checking plan

**Lawyer writes what is filed**

The application is filed, so the lawyer writes it. The tool only extracts deed facts.

- What the AI does: 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 does: Make the legal assessment, check the source material and authorise the output for its intended use.
- 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. 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.
2. 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.
3. 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.
4. Section 48(5) says a court other than the Supreme Court may not set aside another court's judgment under the section.

## Notes

- 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.

## Practical guide

Jurisdiction: Queensland. The court hearing the action. Only the Supreme Court may set aside another court's judgment under s 48.

**Deliverable**: A fact table from the earlier deed, for the lawyer who writes the application.

**Inputs**

- 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**: 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 escalate when**

- The tool is asked to write a paragraph of the application.
- Someone asks for a calendar date for the commencement of s 11A.

Checked 2026-10-23.

## Sources

- [Limitation of Actions Act 1974 (Qld) s 48](https://classic.austlii.edu.au/au/legis/qld/consol_act/loaa1974226/s48.html) (checked 2026-10-23)
- [Limitation of Actions Act 1974 (Qld) s 11A](https://classic.austlii.edu.au/au/legis/qld/consol_act/loaa1974226/s11a.html) (checked 2026-10-23)
- [Queensland Courts, using generative artificial intelligence](https://www.courts.qld.gov.au/going-to-court/prepare-for-court/representing-yourself/using-generative-ai) (checked 2026-10-23)

## Forms and precedents for this task

| Form or precedent | Kind | AI level | Summary |
| --- | --- | --- | --- |
| [Checklist for setting aside an earlier settlement of a child-abuse claim](https://ailawframework.com/precedents/personal-injury-and-compensation/checklist-set-aside-child-abuse-settlement.md) | Checklist | 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. It is an issues list, not evidence. |

Signed-in accounts can read the full text of each one.

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