---
title: "List Queensland costs rules and damages bars that do not apply to an intentional assault"
url: "https://ailawframework.com/practice/personal-injury-and-compensation/decide-which-damages-limits-apply-to-a-civil-claim-for-an-assault/queensland"
type: "task_jurisdiction_version"
site: "AI Law Framework"
id: "A21-VC20261023-1-QLD"
practice_area: "Personal Injury & Compensation (workers compensation, CTP/TAC, medical negligence)"
tier: "yellow"
lawyer_review: "required"
jurisdictions: ["QLD"]
last_reviewed: "2026-10-25"
---

# List Queensland costs rules and damages bars that do not apply to an intentional assault

> 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.…

Canonical page: https://ailawframework.com/practice/personal-injury-and-compensation/decide-which-damages-limits-apply-to-a-civil-claim-for-an-assault/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 | 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. |
| Written for | Queensland |
| Applies to | [Decide which damages limits apply to a civil claim for an assault](https://ailawframework.com/practice/personal-injury-and-compensation/decide-which-damages-limits-apply-to-a-civil-claim-for-an-assault.md) |

## Checking plan

**Verify against sources**

The lawyer decides intent. The tool sets out the two sections that change for that act.

- What the AI does: 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 does: Decide intent and which costs rules and damages bars still apply.
- 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. 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.
2. 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.
3. 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.
4. 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.

## Notes

- 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).

## Practical guide

Jurisdiction: Personal Injuries Proceedings Act 2002 (Qld) and Civil Liability Act 2003 (Qld)

**Deliverable**: A table of s 6(4) and s 52(2) in the words of those sections, under the intent finding the lawyer has marked.

**Inputs**

- The lawyer's mark of intent or sexual misconduct
- Sections 6, 40, 56 and 52

**Example**: 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 escalate when**

- Intent has not been marked.
- The injury is a dust-related condition, which s 6 treats separately.

Checked 2026-10-23.

## Sources

- [Personal Injuries Proceedings Act 2002 (Qld) s 6](https://classic.austlii.edu.au/au/legis/qld/consol_act/pipa2002314/s6.html) (checked 2026-10-23)
- [Civil Liability Act 2003 (Qld) s 52](https://classic.austlii.edu.au/au/legis/qld/consol_act/cla2003161/s52.html) (checked 2026-10-23)
- [Personal Injuries Proceedings Act 2002 (Qld) s 40](https://classic.austlii.edu.au/au/legis/qld/consol_act/pipa2002314/s40.html) (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.*