Check whether an enquirer can give a Queensland notice or conduct the claim
MaintainedLast reviewed
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- From the relationship and any order the lawyer identifies, list what that person may do at intake. Do not decide that the person may conduct the claim.
- What the lawyer must review
- Authority to give a notice is not authority to conduct a proceeding
- A parent may give a child's part 1 notice under section 9(4)
- A relative is not the litigation guardian unless rule 94 is met
- The tool records the relationship and does not decide authority
Rules that apply
The document starts from the task name. Change it if this piece of work is different.
The work product
Forum. Queensland intake where someone enquires for the injured person
Produce. A list of the enquirer's relationship, any order on the file, and which opened provision speaks to a notice rather than to conducting a proceeding.
Have ready. Who made the enquiry and their relationship to the injured person; Any order or authority the lawyer has identified.
Example of the limit. Illustrative example: A parent rings about a child's fall in a shop. The draft records that section 9(4) lets the parent give the part 1 notice, and it does not say the parent can start a proceeding.
Stop and hand it back when
- The enquirer asks the firm to start a proceeding and no litigation guardian has been identified.
- The only basis offered is a family relationship.
Sources for this task were checked on 2026-10-23.
Who does what
| Role | What they do |
|---|---|
| Assistance | From the relationship and any order the lawyer identifies, list what that person may do at intake. Do not decide that the person may conduct the claim. |
| Lawyer | Set the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output. |
Checklist
- Personal Injuries Proceedings Act 2002 section 9(4): a child's parent or legal guardian may give the notice of claim for the child. That is authority to give the notice. It is not authority to conduct a proceeding.
- Uniform Civil Procedure Rules rules 93 and 94 decide who conducts a proceeding for a person under a legal incapacity. A relative is not made the litigation guardian by rule 94.
- Motor Accident Insurance Act 1994 section 37 and Workers' Compensation and Rehabilitation Act 2003 section 275 were opened as the claimant's notices. Neither section, as opened, makes the enquirer the conductor of the claim.
- List the relationship and any order the lawyer has. If no order or statutory authority is on the file, say so. Do not treat a family relationship as authority.
Forms and precedents for this task
| Form or precedent | Kind | AI use | Summary |
|---|---|---|---|
| Capacity and instructions checklist | Checklist | AI use Yellow | Checklist for whether the injured person can instruct on the decision in front of them today. |
| Identity and authority checklist for a client overseas | Checklist | AI use Yellow | Checklist for taking instructions from a client who is overseas: how identity was seen, how the authority comes back, and that an apostille is not an identity check. |
Signed-in accounts can read the full text of each one. All precedents.
Sources
- Personal Injuries Proceedings Act 2002 (Qld) section 9 · 2026-10-23
- Uniform Civil Procedure Rules 1999 (Qld) rule 94 · 2026-10-23
- Motor Accident Insurance Act 1994 (Qld) section 37 · 2026-10-23
Section 9A of the Personal Injuries Proceedings Act was not opened. Do not describe a law practice certificate.
The Limitation of Actions Act does not confer authority to give a notice or to conduct a claim.