Check the Queensland conditions before a damages proceeding is started
MaintainedLast reviewed
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- In the firm-controlled tool, mark each condition in sections 275, 289 and 295 that the file proves, and list each condition still open. Do not prepare the originating process.
- What the lawyer must review
- Decide whether every condition to start is met.
- Tick only a condition the file proves.
- A proceeding is not started from this checklist.
- Keep medical and wage records in the firm-controlled tool. ASCR r 9 and APP 11 apply.
Rules that apply
The document starts from the task name. Change it if this piece of work is different.
The work product
Forum. Queensland: the conditions in sections 275, 289 and 295 before a damages proceeding
Produce. A checklist of the Queensland conditions still open before a proceeding is started.
Have ready. Notice of claim; Compliance response; Conference result; Law practice certificate, if a firm acts.
Example of the limit. Illustrative example: The notice of claim is complying and no conference has been held or dispensed with. The tool leaves the conference condition open. The lawyer does not start the proceeding.
Stop and hand it back when
- Compliance has not been established.
- The tool has prepared an originating process.
Sources for this task were checked on 2026-10-23.
Who does what
| Role | What they do |
|---|---|
| Assistance | In the firm-controlled tool, mark each condition in sections 275, 289 and 295 that the file proves, and list each condition still open. Do not prepare the originating process. |
| Lawyer | Set the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output. |
Checklist
- Require a notice of claim under section 275, given within the period in section 302(1), before marking notice as given.
- Require the compulsory conference unless the court has dispensed with it.
- Where a law practice is retained, require the law practice certificate under section 275(7A).
- The lawyer writes any statutory declaration. The tool writes none of it.
Sources
- Workers' Compensation and Rehabilitation Act 2003 (Qld) s 275 · 2026-10-23
- Workers' Compensation and Rehabilitation Act 2003 (Qld) s 289 · 2026-10-23
- Workers' Compensation and Rehabilitation Act 2003 (Qld) s 295 · 2026-10-23
- Queensland Courts: Using generative AI · 2026-10-23
Section 275(1) says notice is given before a proceeding is started, within the period mentioned in section 302(1). Section 295 says a proceeding may be started only if the claimant has complied with the relevant division under part 2, to the extent that division imposes a requirement on the person, with part 5 other than as sections 297 and 298 provide, with part 6, and with section 296. Section 289 requires the compulsory conference unless the court dispenses with it. Section 275(7A) requires a law practice certificate where a law practice is retained. Section 275(5) requires any statement in the claimant's personal knowledge to be verified by statutory declaration. The declaration is written by the lawyer.
If this work is filed, use the Queensland Courts generative AI page. That page names Supreme Court Practice Direction 5 of 2025 and District Court Practice Direction 12 of 2025, both on the accuracy of references in submissions, and it also names Planning and Environment Court Practice Direction 7 of 2025 and Land Court Practice Direction 4 of 2025. Supreme Court Practice Direction 14 of 2024, subparagraph 16(l), is about expert evidence in criminal proceedings. The direction PDFs were not opened, so their operative text is not set out here.
Keep health and wage records in a firm-controlled tool. ASCR r 9 and APP 11 apply. A breach may be notifiable under the Privacy Act 1988 (Cth).