Check whether section 59 has altered the time to start
MaintainedLast reviewed
Key facts
- Human involvement
- RedLawyer-led
- How AI is used
- Set out the incident date, the notice date, and the limitation facts the lawyer has already marked. Do not calculate the last day and do not write the advice.
- What the lawyer must review
- The lawyer writes the advice on the last day. The tool does not calculate it.
- Section 11 is 3 years from when the cause of action arose. It is not a discoverability test.
- Keep health and wage records in a firm-controlled tool, not a public one.
- ASCR r 9 and APP 11 apply. Decide if a breach is notifiable under the Privacy Act 1988 (Cth).
Rules that apply
The document starts from the task name. Change it if this piece of work is different.
The work product
Forum. Queensland. A question whether a complying Part 1 has changed the time to start.
Produce. A date table. The lawyer writes the advice on the last day.
Have ready. Date the cause of action arose, as the lawyer marks it; Date of the Part 1 notice; Whether the lawyer has marked the notice as complying.
Example of the limit. Illustrative example: The lawyer has marked a Part 1 date and has not marked it as complying. The table records the date and leaves the section 59 question for the lawyer. It names no last day.
Stop and hand it back when
- The tool is asked to calculate the last day or write the advice.
- The injury is a dust-related condition under section 11(2).
Sources for this task were checked on 2026-10-23.
Who does what
| Role | What they do |
|---|---|
| Assistance | Supporting preparation only. Set out the incident date, the notice date, and the limitation facts the lawyer has already marked. Do not calculate the last day and do not write the advice. The tool writes nothing into the document. Substantive advice, judgement and any restricted content remain with the responsible human. |
| Lawyer | Perform the substantive analysis and decisions. Independently check any permitted supporting work and approve the exact output for its intended use. |
Checklist
- Record section 11: an action for damages for negligence, trespass, nuisance or breach of duty, where the damages include personal injury or injury resulting from death, shall not be brought after 3 years from the date the cause of action arose.
- If a complying Part 1 was given before the end of the limitation period, section 59(1) and (2) allow a proceeding after that period only if started within 6 months after the notice is given or leave is granted, or a longer period the court allows.
- Section 59(3): a proceeding started under subsection (2) without Part 1 compliance is stayed until compliance or until it otherwise ends.
- Section 59(4): if the limitation period is extended under the Limitation of Actions Act 1974, part 3, section 59 applies to the period as extended. Section 9(9) says the symptoms timing does not decide when the cause of action arose. Section 42(5) can bar a claim that misses a time the court has fixed.
Sources
- Limitation of Actions Act 1974 (Qld) section 11 · 2026-10-23
- Personal Injuries Proceedings Act 2002 (Qld) section 59 · 2026-10-23
- Personal Injuries Proceedings Act 2002 (Qld) section 9 · 2026-10-23
Section 11(2) removes a limitation period for a dust-related condition. That is not this task. The lawyer decides whether the Part 1 was complying. The tool does not.
The Queensland Courts generative AI page says the user is responsible for accuracy of what is given to a court or tribunal, and that confidential information must not go into a public chatbot. Practice Direction 5 of 2025 is listed. Its text was not opened.