Prepare the Queensland facts that sit beside a motor-accident notice

MaintainedLast reviewed

Key facts

Human involvement
YellowClose supervision
How AI is used
Draft the factual sections the lawyer marks, from the documents the lawyer has selected. Leave blank every part the claimant must sign, and do not complete a law-practice certificate.
What the lawyer must review
  • You decide whether section 5 applies to this accident, and you settle every factual section.
  • The notice under section 37 is the claim step. This task does not draft that notice.
  • The supervising principal completes the law-practice certificate. The tool does not.
  • Use a firm-controlled tool. Check ASCR r 9, APP 11 and any notifiable breach.
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. Opening a Queensland motor-accident damages claim

Produce. Factual sections for the lawyer. The notice and the certificate are not completed.

Have ready. The documents the lawyer selects; How the injury happened; Whether a firm is retained.

Example of the limit. Illustrative example: The facts say the claimant's vehicle ran off a straight road with no other vehicle. The draft records that description and leaves section 5 for the lawyer. It does not complete a certificate.

Stop and hand it back when

  • The mechanism is not in the documents.
  • The task is to draft the notice itself or the certificate.

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

Who does what

Who does what
RoleWhat they do
AssistanceDraft the factual sections the lawyer marks, from the documents the lawyer has selected. Leave blank every part the claimant must sign, and do not complete a law-practice certificate.
LawyerSet the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output.

Checklist

  1. Check the driving, collision, loss of control or defect description against section 5.
  2. Leave the law-practice certificate blank.
  3. Do not add a serious-injury certificate. The sections opened do not require one.

Sources

Health, wage and scheme records stay in a firm-controlled tool. Check ASCR r 9, APP 11, and whether a disclosure is notifiable under the Privacy Act 1988 (Cth).

Section 5 applies only where the injury results from driving, a collision or action to avoid a collision, the vehicle running out of control, or a defect causing loss of control while driven, and is caused wholly or partly by a wrongful act or omission of someone other than the injured person. For an uninsured vehicle, section 5(2) also requires a road or public place. Section 5(3) lists machinery, agricultural machines, rail and tram vehicles, amphibious vehicles and a prescribed class, unless the accident happens on a road. Section 5(4) takes an act of terrorism, at the time the vehicle is being used to do that act, outside the wrongful-act test.

Section 37 is the notice. Section 37(1)(d) requires a law practice certificate from the supervising principal when a firm is retained. The Commission's claim page says a person who was totally at fault, or a single-vehicle accident in which no one else was at fault, may not have a claim.

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