Assemble the material for leave to start a Queensland motor-accident proceeding
MaintainedLast reviewed
Key facts
- Human involvement
- RedLawyer-led
- How AI is used
- Index the documents the lawyer selects against the time tests in sections 51D and 57, and note which element has a document and which does not. Do not write the application or any affidavit that will be filed.
- What the lawyer must review
- You write the application and any affidavit that will be filed.
- Count the 60 days from the compulsory conference, and the six months in section 57, yourself.
- Do not treat section 57 as removing the section 39(8) bar on an unidentified vehicle.
- Use a firm-controlled tool. Check ASCR r 9, APP 11 and any notifiable breach.
Rules that apply
The document starts from the task name. Change it if this piece of work is different.
The work product
Forum. Time for a Queensland motor-accident action
Produce. An index against sections 51D and 57. No application and no affidavit.
Have ready. The conference date; The notice date; The limitation date the lawyer instructs; Whether the vehicle can be identified.
Example of the limit. Illustrative example: The conference ended on 1 June 2026 and no proceeding has started. The index shows the 60 days and that no agreement extending them is on the file. It does not draft an application.
Stop and hand it back when
- The tool is asked to write the application or an affidavit.
- The vehicle cannot be identified and notice was not given to the Nominal Defendant within 9 months.
Sources for this task were checked on 2026-10-23.
Who does what
| Role | What they do |
|---|---|
| Assistance | Supporting preparation only. Index the documents the lawyer selects against the time tests in sections 51D and 57, and note which element has a document and which does not. Do not write the application or any affidavit that will be filed. 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
- Match documents to section 51D and section 57 only.
- Record the section 39(8) bar separately where the vehicle cannot be identified.
- Write nothing in the application or the affidavit.
Sources
- Motor Accident Insurance Act 1994 (Qld) s 51D · 2026-10-23
- Motor Accident Insurance Act 1994 (Qld) s 57 · 2026-10-23
- Motor Accident Insurance Act 1994 (Qld) s 39 · 2026-10-23
- Limitation of Actions Act 1974 (Qld) s 11 · 2026-10-23
- Motor Accident Insurance Commission: Can I claim? · 2026-10-23
Health, wage and scheme records stay in a firm-controlled tool. Check ASCR r 9, APP 11, and whether a disclosure is notifiable under the Privacy Act 1988 (Cth).
Section 51D(1) says an action should be started within 60 days after the compulsory conference, or within a further period agreed inside that 60 days, or fixed by the court on an application made inside that 60 days. If the conference is dispensed with, section 51D(2) uses 60 days after the later of the six-month date, or the completed additional information form if one was requested, and the date of the agreement or order. Section 51D(4) says expiry of the time in subsections (1), (2) or (3) does not stop the claimant starting the action. The court may order the insurer's delay costs unless a reasonable excuse is shown, and may fix a time within which the action must be started. Section 51D(5) bars the claim only if it is not started within a time fixed under subsection (4)(b).
Section 57 applies if the notice of claim is given, or an application for leave is made, before the limitation period ends. The proceeding may then be brought after that period only within 6 months after the notice is given or leave is granted, or a longer period allowed by the court. Section 57 does not state the length of the limitation period. Limitation of Actions Act 1974 s 11 is 3 years from when the cause of action arose. The Commission's claim page says that for a child the usual period does not start until they turn 18, so they generally have until their 21st birthday. The minor provision of that Act was not opened. Section 39(8) says the court cannot give leave where an unidentified-vehicle notice was not given to the Nominal Defendant within 9 months. Section 57 does not say it overrides that bar. Practice Direction 5 of 2025 requires the practitioner named on a Supreme Court written submission, and the practitioner who makes an oral submission, to verify the references in that submission. It does not apply to every court document.