Map a Queensland dust damages claim outside the personal injuries pre-court Act

MaintainedLast reviewed

Key facts

Human involvement
YellowClose supervision
How AI is used
Mark that the Personal Injuries Proceedings Act 2002 does not apply to a dust-related condition, and mark the employer notice of claim the WorkCover page still describes.
What the lawyer must review
  • Confirm the injury is a dust-related condition under schedule 2.
  • Do not use a pre-court step from the Personal Injuries Proceedings Act 2002.
  • Do not drop the employer notice of claim unless the current Act says so.
  • Do not apply the ordinary page's three-year sentence.
Written for / version
Queensland versionQLDNSWVIC

Rules that apply

The document starts from the task name. Change it if this piece of work is different.

The work product

Forum. Queensland employer damages, outside the Personal Injuries Proceedings Act 2002

Produce. A step map showing the Act that does not apply and the notice of claim that may still apply.

Have ready. Diagnosis against schedule 2; Whether the defendant is the employer; Any notice already given.

Example of the limit. Illustrative example: The defendant is a manufacturer, not the employer, and the injury is mesothelioma. The tool marks section 6(3)(b) and does not add a step from that Act. The lawyer confirms what, if anything, the court rules still require before filing.

Stop and hand it back when

  • A step from the Personal Injuries Proceedings Act 2002 is included.
  • A court monetary limit is stated.

Sources for this task were checked on 2026-10-23.

Who does what

Who does what
RoleWhat they do
AssistanceDo not begin AI assistance until the responsible lawyer has defined and confirmed its permitted scope.
LawyerSet the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output.

Checklist

  1. Section 6(3)(b) says the Personal Injuries Proceedings Act 2002 does not apply to personal injury that is a dust-related condition.
  2. Section 6(2)(c) also keeps employer damages regulated by chapter 5 of the Workers' Compensation and Rehabilitation Act 2003 outside that Act.
  3. The WorkCover page says a notice of claim for damages is submitted. That page is not dust-specific.
  4. No dust list and no court monetary limit were opened. State neither.

Sources

Section 11(2) of the Limitation of Actions Act 1974 is the time rule for the dust injury. The page's usual three years is not used.

Do not enter private, confidential, suppressed or privileged information into a public generative AI chatbot. Submissions follow Supreme Court Practice Direction 5 of 2025 or District Court Practice Direction 12 of 2025. Those directions were not opened beyond the courts page.

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