Leave the capital-gains character of Queensland compensation to the lawyer
MaintainedLast reviewed
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- Record the compensation or damages the lawyer describes and state that no opened section of the Civil Liability Act decides its capital-gains character. Do not apply a tax exemption.
- What the lawyer must review
- Do not decide the tax character from the Civil Liability Act sections in this note.
- The lawyer names any Commonwealth section
- Do not state a capital-gains exemption in this note.
- Wage and tax records stay in a firm-controlled tool. Check ASCR r 9, APP 11 and Privacy Act notification
Rules that apply
The document starts from the task name. Change it if this piece of work is different.
The work product
Forum. Queensland personal injury compensation or damages, capital-gains character
Produce. A note that the opened Civil Liability Act provisions do not decide the capital-gains character, and that the lawyer will name the Commonwealth section.
Have ready. The payment the lawyer describes; Any Commonwealth section the lawyer names.
Example of the limit. Illustrative example: The note says chapter 3 does not decide the tax character of the settlement sum the lawyer described. It does not say the sum is exempt.
Stop and hand it back when
- The draft states a capital-gains exemption.
- The draft cites a tax section that was not opened and that the lawyer has not named.
Sources for this task were checked on 2026-10-23.
Who does what
| Role | What they do |
|---|---|
| Assistance | Do not begin AI assistance until the responsible lawyer has defined and confirmed its permitted scope. |
| Lawyer | Set the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output. |
Checklist
- No opened section of the Civil Liability Act 2003 decides whether compensation or damages are disregarded for capital gains.
- Section 5 still matters, because section 5(1) says the Act does not apply in deciding liability or awards where the harm is or includes an injury the section names. It does not decide the tax character.
- The tool records the payment the lawyer describes. It does not say the payment is exempt, and it does not cite a Commonwealth section the lawyer has not named.
- The official reprint is the instrument the lawyer confirms. Its header is current from 1 July 2024. Section text was read on AustLII.
Forms and precedents for this task
| Form or precedent | Kind | AI use | Summary |
|---|---|---|---|
| Client checklist after a personal injury settlement | Checklist | AI use Yellow | What a client does after a personal injury settlement is signed: Medicare, Centrelink, the NDIS, tax, and money held for a child. |
Signed-in accounts can read the full text of each one. All precedents.
Sources
- Civil Liability Act 2003 (Qld) section 5 · 2026-10-23
- Civil Liability Act 2003 (Qld), official reprint · 2026-10-23
Income Tax Assessment Act 1997 section 118-37 was not opened, so it is not restated.
Wage, tax and care records stay in a firm-controlled tool. Apply ASCR r 9 and APP 11, and consider whether a breach is notifiable under the Privacy Act 1988 (Cth).