Prepare Queensland compulsory-conference settlement inputs
MaintainedLast reviewed
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- Set out the range, the outstanding evidence and the mandatory-final-offer steps from the lawyer's instructions. Do not choose the offer.
- What the lawyer must review
- You make the recommendation and any mandatory final offer
- Check the section 36 timing and the 14 days the offer must stay open
- Where section 6 takes the claim outside the Act, use that scheme's own pre-court step
Rules that apply
The document starts from the task name. Change it if this piece of work is different.
The work product
Forum. Queensland claims that remain inside the Personal Injuries Proceedings Act 2002. The lawyer checks section 6 first.
Produce. Settlement inputs and a conference checklist for the lawyer's recommendation to the client.
Have ready. Lawyer's instructions on best, worst and likely outcomes; Outstanding evidence; Whether section 6 excludes the Act.
Example of the limit. Illustrative example: The draft recommends a figure. The lawyer replaces it with the range the client was advised on, and makes the mandatory final offer. The draft figure is not sent.
Stop and hand it back when
- The output chooses the offer or a percentage of liability.
- Section 6 has not been checked.
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
- Before a proceeding, section 36 requires a compulsory conference. The relevant day is set by section 36(3), commonly six months after a complying part 1 notice, with further timing if there is more than one respondent or a section 12 notice. The parties may dispense with the conference for good reason. The court may fix or dispense with it.
- At least seven days before, section 37 requires the remaining documents, a signed verification statement, representation details and a signed certificate of readiness. The certificate's costs statement covers the three cost outcomes in section 37(4)(c).
- If the claim does not settle, section 39 requires mandatory final offers at the conference, or within 14 days if the conference is dispensed with. Section 40: an offer at or under the upper offer limit is exclusive of costs; a denial of liability is still an offer of nil; the offer stays open for 14 days and no proceeding is started while it is open.
- Do not insert a dollar figure for the upper or lower offer limit. The regulation stating those limits was not opened. Section 42 timing is for the lawyer to read before a proceeding is started.
Forms and precedents for this task
| Form or precedent | Kind | AI use | Summary |
|---|---|---|---|
| Offer of compromise in personal injury proceedings (UCPR r 20.26, NSW), with covering letter | Notice | AI use Yellow | Plaintiff's or defendant's formal offer of compromise under r 20.26 of the Uniform Civil Procedure Rules 2005 (NSW), with the mandatory contents, the acceptance period, and a covering letter explaining the indemnity costs consequences under rr 42.14 and 42.15. |
| Deed of release for a personal injury damages claim | Deed | AI use Yellow | Deed of release for a personal injury damages claim in Victoria, Queensland or New South Wales, conditional on sanction or approval where the claimant cannot give a binding release. |
| Mandatory final offer under the Personal Injuries Proceedings Act 2002 (Qld) | Notice | AI use Yellow | The claimant's mandatory final offer under sections 39 and 40 of the Personal Injuries Proceedings Act 2002 (Qld). |
| Offer of compromise in a personal injury proceeding (Order 26, Victoria) | Notice | AI use Yellow | Plaintiff offer of compromise for a Victorian personal injury claim. |
| Settlement advice letter before a personal injury release is signed | Letter | AI use Yellow | Letter to the injured person before a personal injury settlement is signed, with blanks for the lawyer's view on liability, the ranges, the recommendation, and the costs figures required before settlement. |
| Mandatory final offer under the Motor Accident Insurance Act 1994 (Qld) | Notice | AI use Yellow | The claimant's mandatory final offer under section 51C of the Motor Accident Insurance Act 1994 (Qld). |
| Offer to settle a personal injury proceeding (UCPR rr 353, 355, 357 and 360, Queensland) | Notice | AI use Yellow | Plaintiff offer to settle a Queensland personal injury proceeding under UCPR r 353. |
| Authority to accept a personal injury settlement | Letter | AI use Yellow | Written instructions from a client who can give them, authorising the firm to accept a stated personal injury settlement after the advice letter. |
| Without-prejudice Calderbank letter (Victoria, Queensland and New South Wales) | Letter | AI use Yellow | A without-prejudice letter offering to settle a personal injury claim, with a statement that the plaintiff will rely on it on costs if the offer is not accepted. |
| Medicare compensation recovery checklist before settling a personal injury claim | Checklist | AI use Yellow | Checklist for Medicare compensation recovery when a personal injury claim settles or goes to judgment: the $5,000 threshold, the notice of past benefits (form MO026), the payer's 28-day notice, and no release of money to the client until the Commonwealth is paid. |
| Written final offer for a Queensland WorkCover damages claim (s 292) | Notice | AI use Yellow | The claimant's written final offer under section 292 of the Workers' Compensation and Rehabilitation Act 2003 (Qld). |
| Law practice certificate for a Queensland CTP claim (MAIC) | Form | AI use Yellow | Link to the MAIC law practice certificate page. |
| Mediation position paper in a personal injury claim | Memo | AI use Yellow | A working outline for the plaintiff's mediation position paper in a personal injury claim. |
| Settlement offer and assessment-conference paper for a NSW motor accident damages claim | Letter | AI use Yellow | The claimant's written settlement offer on a damages claim under the Motor Accident Injuries Act 2017 (NSW), and a short paper for the Commission assessment conference. |
| Settlement distribution statement for a personal injury claim | Checklist | AI use Yellow | Statement the client receives showing the gross personal injury settlement, the costs, the disbursements and the statutory amounts the lawyer has sourced, and the resulting net sum. |
| Mediation paper and final offer for a NSW work injury damages claim | Memo | AI use Yellow | The worker's statement of issues for a Personal Injury Commission mediation of a work injury damages claim, and the final offer recorded if the claim does not settle. |
| Index for a personal injury settlement conference brief | Checklist | AI use Yellow | An index of the solicitor's brief for a settlement conference or mediation in a personal injury claim, with the attendance rules taken from the practice notes that were opened. |
| Checklist for setting aside an earlier settlement of a child-abuse claim | Checklist | AI use Yellow | A lawyer's list of the statutory grounds for asking a court to set aside an earlier settlement of a child-abuse claim in Victoria, Queensland and New South Wales. |
| Form 5C: commutation determination for a legally incapacitated worker | Form | AI use Yellow | Link to the Personal Injury Commission's Form 5C for a commutation determination where the worker is legally incapacitated, including the SIRA certificate the form requires. |
| TAC common law application form (Common Law Protocol 2026): completion guide | Form | AI use Yellow | Guide to the TAC form used after a proactive or fast track serious injury grant, which must be sent before a common law conference is arranged. |
| Conference paper and offer under the TAC Common Law Protocol 2026 | Memo | AI use Yellow | The client's paper and written offer for a serious injury conference or a common law damages conference under the TAC Common Law Protocol 2026. |
| Matter closure checklist | Checklist | AI use Yellow | Closing a plaintiff injury file: the settlement costs disclosure was given before execution, the bill, scheme steps, tool copies, trust money, and a risk assessment before any destruction. |
| Statutory counter offer before a Victorian serious injury damages proceeding | Letter | AI use Yellow | The worker's statutory counter offer under section 333 of the Workplace Injury Rehabilitation and Compensation Act 2013 (Vic). |
| Settlement sanction for a person under a legal disability (District Court PD 6 of 2018) | Form | AI use Red | Link to District Court Practice Direction 6 of 2018, which applies Supreme Court Practice Direction 15 of 2018, paragraphs 3 to 12, and annexes a Form 59 order. |
Signed-in accounts can read the full text of each one. All precedents.
Sources
- Personal Injuries Proceedings Act 2002 (Qld), sections 36 to 40 · 2026-10-23
- Supreme Court of Queensland Practice Direction 5 of 2025 · 2026-10-23
- Queensland Law Society Guidance Statement No. 37 · 2026-10-23
This version states the Personal Injuries Proceedings Act conference. It does not state a conference rule under the Workers' Compensation and Rehabilitation Act or the Motor Accident Insurance Act. Where section 6 excludes the Personal Injuries Proceedings Act, the lawyer uses the step in the Act that applies.
The advice goes to the client. If a submission is later filed, Practice Direction 5 of 2025 or Practice Direction 12 of 2025 applies. The certificate of readiness is signed by the party, or by the practitioner if the party has legal representation.