--- title: "Identify the family who may claim under the Civil Proceedings Act 2011" url: "https://ailawframework.com/practice/personal-injury-and-compensation/identify-who-may-benefit-from-a-dependency-claim-and-who-may-bring-it/queensland" type: "task_jurisdiction_version" site: "AI Law Framework" id: "A21-FM20261023-1-QLD" practice_area: "Personal Injury & Compensation (workers compensation, CTP/TAC, medical negligence)" tier: "yellow" lawyer_review: "required" jurisdictions: ["QLD"] last_reviewed: "2026-10-25" --- # Identify the family who may claim under the Civil Proceedings Act 2011 > In a firm-controlled tool, list each person against the family classes in sections 62 and 63 of the Civil Proceedings Act 2011. Leave standing, the plaintiff and the shares blank. Canonical page: https://ailawframework.com/practice/personal-injury-and-compensation/identify-who-may-benefit-from-a-dependency-claim-and-who-may-bring-it/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 a firm-controlled tool, list each person against the family classes in sections 62 and 63 of the Civil Proceedings Act 2011. Leave standing, the plaintiff and the shares blank. | | What the lawyer must review | Decide who is a member of the family and who suffered damage. Apply the section 63 tests before treating a de facto partner as a spouse. Do not add a six-month wait. The opened sections do not state one. | | Written for | Queensland | | Applies to | [Identify who may benefit from a dependency claim and who may bring it](https://ailawframework.com/practice/personal-injury-and-compensation/identify-who-may-benefit-from-a-dependency-claim-and-who-may-bring-it.md) | ## Checking plan **Queensland family and plaintiff** The tool rows people against sections 62 and 63. The lawyer decides who suffered damage and who sues. - What the AI does: In a firm-controlled tool, list each person against the family classes in sections 62 and 63 of the Civil Proceedings Act 2011. Leave standing, the plaintiff and the shares blank. - What the lawyer does: Make the legal assessment, check the source material and authorise the output for its intended use. - 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. Class each person under section 62, including a child born alive after the death. 2. For a de facto partner, record the two-year period, any shorter committed period, or a dependent child of the relationship. 3. Name the personal representative or the family member who sues. There is one proceeding. 4. Leave the shares blank. Section 65(5) deducts unrecovered costs before the court divides the damages. ## Notes - Part 10 of the Civil Proceedings Act 2011, sections 64 and 65, gives one proceeding for the members of the deceased's family who suffered damage. Section 62 defines that family as a child, including a child born alive after the death, a person to whom the deceased acted, immediately before the death, in place of a parent, a parent, a person who acted, immediately before the death, in place of a parent, and a spouse. Child includes a grandchild and a stepchild. Parent includes a step-parent and a grandparent. Section 63 includes a de facto partner as a spouse only if they lived together as a couple on a genuine domestic basis for a continuous period of at least two years ending on the death, or for a shorter period with a clear intention of a long-term committed relationship, or immediately before the death if a child of the relationship was left dependent. The personal representative, or any one or more family members who suffered damage, may bring the proceeding. The opened sections state no six-month wait. The court divides the damages, after deducting any costs not recovered from the defendant, in the shares it decides. - Family, wage and medical records stay 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: one proceeding under Part 10 of the Civil Proceedings Act 2011 **Deliverable**: A table of family members, the section 63 facts, and a blank share column. **Inputs** - Family documents selected by the lawyer - Death record - Any grant or note that no grant has been made **Example**: Illustrative example: A partner and the deceased had lived together for 14 months and left a child. The tool rows the dates and the child. The lawyer decides whether section 63 includes the partner as a spouse. **Stop and escalate when** - The de facto dates are missing and section 63 cannot be applied. - A second proceeding would be started for a person left off the list. Checked 2026-10-23. ## Sources - [Civil Proceedings Act 2011 (Qld), in force](https://www.legislation.qld.gov.au/view/html/inforce/current/act-2011-045) (checked 2026-10-23) - [Civil Proceedings Act 2011 (Qld), whole Act](https://www.legislation.qld.gov.au/view/whole/html/inforce/current/act-2011-045) (checked 2026-10-23) ## Forms and precedents for this task | Form or precedent | Kind | AI level | Summary | | --- | --- | --- | --- | | [Apportionment of a dependency claim settlement for court approval](https://ailawframework.com/precedents/personal-injury-and-compensation/fatal-dependency-apportionment-outline.md) | Court document | Red | Outline for asking the court to direct each dependant's share of a wrongful-death settlement in Victoria, Queensland and New South Wales. The lawyer writes anything that is filed. | Signed-in accounts can read the full text of each one. *Practice guidance for planning and review. Confirm current primary sources and the requirements of the actual matter. This is general information, not legal advice.*