Count Queensland limitation and pre-court notice dates

MaintainedLast reviewed

Key facts

Human involvement
RedLawyer-led
How AI is used
From the trigger dates and the provisions the lawyer names, count each Queensland deadline and put it in a table with the fact it was counted from. Use Limitation of Actions Act s 11, Personal Injuries Proceedings Act s 9, Motor Accident Insurance Act s 37, or Workers' Compensation and Rehabilitation Act s 131 only when the lawyer names that provision. Do not pick the scheme or the date that controls.
What the lawyer must review
  • Do not treat a passed date as final until the excuse and extension provisions are checked
  • Check section 11(2) before applying any limitation period to a dust-related condition
  • Check the 9-month bar in section 37(3) before treating an unidentified-vehicle notice as open
  • Do not treat the date arithmetic as a legal opinion
Written for / version
Queensland versionQLDNSWVICUS

Rules that apply

The document starts from the task name. Change it if this piece of work is different.

The work product

Forum. Queensland limitation and pre-court notices for personal injury damages and workers' compensation

Produce. A deadline table with one row per provision the lawyer names.

Have ready. Incident date and first-symptoms date; Date a lawyer was consulted and date a law practice was instructed; Date the entitlement to workers' compensation arose, if that scheme is named; Whether the vehicle is unidentified or the injury is dust-related.

Example of the limit. Illustrative example: The accident was on 1 February 2026 and a lawyer was first consulted on 1 August 2026. For a motor accident notice the table shows both the 9-month date and the 1-month date, and marks the earlier one. It does not decide that s 37 applies.

Stop and hand it back when

  • More than one scheme is possible and the lawyer has not named the provision.
  • The injury may be dust-related and s 11(2) has not been considered.

Sources for this task were checked on 2026-10-23.

Who does what

Who does what
RoleWhat they do
AssistanceSupporting preparation only. From the trigger dates and the provisions the lawyer names, count each Queensland deadline and put it in a table with the fact it was counted from. Use Limitation of Actions Act s 11, Personal Injuries Proceedings Act s 9, Motor Accident Insurance Act s 37, or Workers' Compensation and Rehabilitation Act s 131 only when the lawyer names that provision. Do not pick the scheme or the date that controls. The tool writes nothing into the document. Substantive advice, judgement and any restricted content remain with the responsible human.
LawyerPerform the substantive analysis and decisions. Independently check any permitted supporting work and approve the exact output for its intended use.

Checklist

  1. For a PIPA part 1 notice, count the earlier of 9 months after the incident (or after symptoms first appear, if they were not immediate) and 1 month after a law practice is first instructed and the proposed defendant is identified.
  2. For a motor accident notice, an unidentified vehicle needs notice to the Nominal Defendant within 3 months, and the claim is barred if that notice is not given within 9 months. Otherwise count the earlier of 9 months after the accident (or after symptoms first appear, if they were not immediate) and 1 month after the claimant first consults a lawyer.
  3. For a workers' compensation application, count 6 months from when the entitlement arises under section 131(1). Section 131(2) is not a second deadline. If the application is lodged more than 20 business days after the entitlement arises, compensation is limited to a period starting no earlier than 20 business days before the valid application is lodged.
  4. For damages, count 3 years from when the cause of action arose, unless s 11(2) applies.
  5. List every date the file does not source.

Forms and precedents for this task

Forms and precedents for this task
Form or precedentKindAI useSummary
Limitation and notice diary procedurePolicyAI use YellowFirm procedure for recording limitation and pre-action notice dates on a plaintiff injury file.
Notice of accident claim, non-fatal injury (MAIC Form F1)FormAI use YellowLink to MAIC Form F1 V8 Oct 2022, the Notice of Accident Claim Form (Non-Fatal Injury).
Application for review (SAET form A02, Return to Work): completion guideFormAI use YellowLink to SAET form A02, Application for Review (Return to Work), on the start-a-new-case page.
Injury intake questionnaireFormAI use YellowQuestions for the first contact with an injured person: who is enquiring, age and capacity, how the injury happened, which schemes might apply, treatment and work, and the documents to keep.
Letter to an occupier and its insurer: notice of an injury and a liability responseLetterAI use YellowA plaintiff firm's letter telling an occupier and its public liability insurer about an injury, asking for the insurer's details and a liability response, and asking that footage and incident documents be kept.
Request to the Transport Accident Commission for a serious injury certificateLetterAI use YellowLetter asking the Transport Accident Commission to determine impairment and, if it is under 30 per cent, to issue a serious injury certificate for a common law damages claim.
New matter checklistChecklistAI use YellowChecklist for opening a plaintiff injury file: identity, conflicts, the diary, costs disclosure, authorities, and consent before health records go into a tool.
First-interview recordMemoAI use YellowInternal note of the first interview: who attended, what was said about the injury, the schemes and deadlines discussed, the advice given in outline, and the next steps.
Notice of accident claim, fatal injury (MAIC Form F4)FormAI use YellowLink to the MAIC Notice of Accident Claim Form (Fatal Injury).
Limitation period checklist for a personal injury claim (Limitation Act 1969 (NSW) Part 2 Division 6)ChecklistAI use RedChecklist for working out the limitation period for a NSW personal injury or death claim: whether Division 6 applies, the 3-year discoverability and 12-year long-stop periods, discoverability facts, minors injured by close relatives, disability and extension.
Notice to a road authority of an incident, asking for inspection and complaint recordsLetterAI use YellowA letter giving a Victorian road authority the particulars of a notice of incident, and asking a road authority in Victoria, Queensland or New South Wales for the inspection, complaint and repair records for the site.
Request that the Transport Accident Commission accept a late Part 3 claimLetterAI use YellowLetter asking the Transport Accident Commission to accept a Part 3 claim made after one year and before three years, setting out the grounds for the delay.
File review checklistChecklistAI use YellowPeriodic review of a plaintiff injury file: the diary, a change in the costs estimate, outstanding notices, and whether health records are still only in an approved tool.
Queensland Notice of Accident Claim: time, service and a reply to noncomplianceChecklistAI use YellowChecklist for a Queensland CTP Notice of Accident Claim, and a short reply when the insurer says the notice does not comply.
Letter asking that footage, photographs and physical evidence be preservedLetterAI use YellowA letter asking the person who holds footage or a physical item to stop it being overwritten, deleted or repaired, and to say whether it still exists.
Letter of claim to a public health service, including an initial noticeLetterAI use YellowLetter of claim to a public health service.
Queensland part 1 notice of claim and reply to a compliance responseLetterAI use YellowLetter and checklist for giving part 1 of a Queensland notice of claim under the Personal Injuries Proceedings Act 2002, and for answering a respondent who says part 1 does not comply.
Application for mediation (NT WorkSafe): completion guideFormAI use YellowLink to the NT WorkSafe application for mediation under the Return to Work Act 1986.
PIPA notice of claim, non-health care (Form 1, version 7)FormAI use YellowLink to Personal Injuries Proceedings Act Form 1, version 7, in force from 1 September 2025.
TAC common law time limit notification form: completion guideFormAI use YellowGuide to the TAC form used when a serious injury certificate application will be lodged outside the six-year period in the Limitation of Actions Act 1958, under the Common Law Protocol 2026.
Letter to an institution about a claim for abuse of a childLetterAI use YellowLetter telling an institution that a person intends to claim for abuse suffered as a child, covering the limitation position and the proper-defendant rules in Victoria, Queensland and New South Wales.
Queensland notice of claim for damages: assembly checklistChecklistAI use YellowChecklist for assembling a notice of claim for damages under section 275 of the Workers' Compensation and Rehabilitation Act 2003 (Qld) before a proceeding is started.
Checklist for setting aside an earlier settlement of a child-abuse claimChecklistAI use YellowA 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.
PIPA notice of claim, health care (Form 2, version 7)FormAI use YellowLink to Personal Injuries Proceedings Act Form 2, version 7, for a health care claim.
Request that a NSW CTP insurer concede impairment greater than 10 per centLetterAI use YellowLetter asking a New South Wales CTP insurer to concede that permanent impairment from a motor accident is greater than 10 per cent, and recording the section 6.14 time for a damages claim.
PIPA notice of claim, dependency (Form 3, version 6)FormAI use YellowLink to Personal Injuries Proceedings Act Form 3, version 6, for a dependency claim.
NSW work injury damages: claim letter and pre-filing checklistLetterAI use YellowLetter to a New South Wales workers compensation insurer claiming work injury damages, with a checklist for the section 315 pre-filing statement.
Request for an urgent hearing where the plaintiff is gravely illLetterAI use YellowA letter asking for an urgent hearing where the plaintiff is gravely ill.
UCPR Form 3A: statement of claim where the filing party is legally representedFormAI use RedLink to UCPR Form 3A version 7, the statement of claim for a represented plaintiff, including the prospects certificate, the 28-day notice and the affidavit verifying.
WorkCover Queensland application for compensationFormAI use YellowLink to the WorkSafe page for making a workers' compensation claim: a valid application needs the approved form and a work capacity certificate.
Letter advising an injured client of limitation and notice periodsLetterAI use YellowLetter setting out the court limitation periods and the separate scheme notice periods in Victoria, Queensland and New South Wales, with the sections to delete if they do not apply.
Letter declining to act, with a warning that time limits may be runningLetterAI use YellowShort letter saying the firm will not act, why in the terms the lawyer has approved, and which time limits may still be running on the facts given.
Notice of claim for damages (WorkCover Form 275)FormAI use YellowLink to Form 275, version 3, the approved notice of claim for damages under section 275.

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

Sources

PIPA s 9(5) keeps the obligation to give a late part 1 notice, with a reasonable excuse. Section 9(9C) removes the part 1 time rules for a claim based on sexual abuse, serious physical abuse, or connected psychological abuse of the person when a child.

Motor Accident Insurance Act s 37(3) requires a reasonable excuse for a late notice. The 9-month bar in that subsection is for a claim against the Nominal Defendant where the vehicle cannot be identified.

If the product is used in a Supreme Court submission, Practice Direction 5 of 2025 requires the named practitioner to verify every reference. District Court Practice Direction 12 of 2025 is the matching direction opened for that court.

Related tasks

Related jurisdictions