--- title: "Check the Queensland conditions before a damages proceeding is started" url: "https://ailawframework.com/practice/personal-injury-and-compensation/check-the-conditions-before-a-work-injury-damages-proceeding-is-started/queensland" type: "task_jurisdiction_version" site: "AI Law Framework" id: "A21-WD20261023-8-QLD" practice_area: "Personal Injury & Compensation (workers compensation, CTP/TAC, medical negligence)" tier: "yellow" lawyer_review: "required" jurisdictions: ["QLD"] last_reviewed: "2026-10-25" --- # Check the Queensland conditions before a damages proceeding is started > 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. Canonical page: https://ailawframework.com/practice/personal-injury-and-compensation/check-the-conditions-before-a-work-injury-damages-proceeding-is-started/queensland Last reviewed: 2026-10-25 Site index for agents: https://ailawframework.com/llms.txt ## Key facts | Fact | Value | | --- | --- | | Practice area | [Personal Injury & Compensation (workers compensation, CTP/TAC, medical negligence)](https://ailawframework.com/practice/personal-injury-and-compensation.md) | | Human involvement | Yellow: Lawyer and AI draft together | | 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. | | Written for | Queensland | | Applies to | [Check the conditions before a work injury damages proceeding is started](https://ailawframework.com/practice/personal-injury-and-compensation/check-the-conditions-before-a-work-injury-damages-proceeding-is-started.md) | ## Checking plan **Verify against sources** Require a notice of claim under section 275, given within the period in section 302(1), before marking notice as given. - What the AI does: 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 does: The lawyer decides whether the Queensland conditions for starting a proceeding are met. - Who reviews: Lawyer competent in this practice area - Basis: Checked against the linked sources on 23 October 2026. Confirm the current instrument before reliance. ## Checks the lawyer makes 1. Require a notice of claim under section 275, given within the period in section 302(1), before marking notice as given. 2. Require the compulsory conference unless the court has dispensed with it. 3. Where a law practice is retained, require the law practice certificate under section 275(7A). 4. The lawyer writes any statutory declaration. The tool writes none of it. ## Notes - 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). ## Practical guide Jurisdiction: Queensland: the conditions in sections 275, 289 and 295 before a damages proceeding **Deliverable**: A checklist of the Queensland conditions still open before a proceeding is started. **Inputs** - Notice of claim - Compliance response - Conference result - Law practice certificate, if a firm acts **Example**: 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 escalate when** - Compliance has not been established. - The tool has prepared an originating process. Checked 2026-10-23. ## Sources - [Workers' Compensation and Rehabilitation Act 2003 (Qld) s 275](https://www.austlii.edu.au/cgi-bin/viewdoc/au/legis/qld/consol_act/wcara2003400/s275.html) (checked 2026-10-23) - [Workers' Compensation and Rehabilitation Act 2003 (Qld) s 289](https://www.austlii.edu.au/cgi-bin/viewdoc/au/legis/qld/consol_act/wcara2003400/s289.html) (checked 2026-10-23) - [Workers' Compensation and Rehabilitation Act 2003 (Qld) s 295](https://www.austlii.edu.au/cgi-bin/viewdoc/au/legis/qld/consol_act/wcara2003400/s295.html) (checked 2026-10-23) - [Queensland Courts: Using generative AI](https://www.courts.qld.gov.au/going-to-court/prepare-for-court/representing-yourself/using-generative-ai) (checked 2026-10-23) *Practice guidance for planning and review. Confirm current primary sources and the requirements of the actual matter. This is general information, not legal advice.*