List Queensland costs rules and damages bars that do not apply to an intentional assault
MaintainedLast reviewed
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- From the facts the lawyer marks as an unlawful intentional act, an unlawful sexual assault, or neither, set out sections 6(4) and 52(2) and the words in which each says it does not apply. Do not decide intent and do not write the pleading.
- What the lawyer must review
- Decide whether the act was an unlawful intentional act done with intent, or unlawful sexual misconduct
- Switch off only sections 40(2) and 56. Leave the rest of that Act in place.
- Do not apply the bar on exemplary, punitive and aggravated damages to that act.
- Use a firm-controlled tool for health records. ASCR r 9, APP 11 and the Privacy Act 1988 (Cth) apply.
Rules that apply
The document starts from the task name. Change it if this piece of work is different.
The work product
Forum. Personal Injuries Proceedings Act 2002 (Qld) and Civil Liability Act 2003 (Qld)
Produce. A table of s 6(4) and s 52(2) in the words of those sections, under the intent finding the lawyer has marked.
Have ready. The lawyer's mark of intent or sexual misconduct; Sections 6, 40, 56 and 52.
Example of the limit. Illustrative example: The lawyer marks an unlawful intentional assault done with intent to injure. The table shows that ss 40(2) and 56 do not apply, and that the s 52(1) bar does not apply. It does not say the rest of either Act is excluded.
Stop and hand it back when
- Intent has not been marked.
- The injury is a dust-related condition, which s 6 treats separately.
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
- Section 6(4) of the Personal Injuries Proceedings Act 2002 says sections 40(2) and 56 do not apply if the act causing the injury is an unlawful intentional act done with intent to cause personal injury, or is unlawful sexual assault or other unlawful sexual misconduct. Section 6(7) says act includes an omission.
- Section 40 is about mandatory final offers. Subsection (2) is the costs rule when an offer for more than the lower offer limit, but not more than the upper offer limit, is accepted. Section 56 applies where the court awards an amount equal to the upper offer limit or less.
- Section 52(1) of the Civil Liability Act 2003 bars exemplary, punitive and aggravated damages for personal injury. Section 52(2) says that bar does not apply to the same intentional and sexual acts.
- Section 6(5)(c) says the Personal Injuries Proceedings Act does not affect seeking, or the recovery or award of, damages or financial assistance under the Victims of Crime Assistance Act 2009. The opened sections do not exclude the rest of either Act.
Sources
- Personal Injuries Proceedings Act 2002 (Qld) s 6 · 2026-10-23
- Civil Liability Act 2003 (Qld) s 52 · 2026-10-23
- Personal Injuries Proceedings Act 2002 (Qld) s 40 · 2026-10-23
Do not say the pre-court Act is switched off. The compulsory-conference provisions were not the sections named in s 6(4).
Intent is the lawyer's finding. The table uses the finding the lawyer has marked.
Medical records stay in a firm-controlled tool. ASCR r 9 and APP 11 apply, and a breach may be notifiable under the Privacy Act 1988 (Cth).