Record the first Queensland interview against the notice dates
MaintainedLast reviewed
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- From the interview the lawyer selects, write a dated file note of the accident, the injury, treatment, work, who enquired, and the schemes the lawyer names. Keep it on the file. Do not send it, and do not calculate a deadline.
- What the lawyer must review
- Record the first-consultation date and the first-instruction date
- Do not calculate a notice date or a limitation date
- The note stays on the file and is not sent
- Health and wage records stay in a firm-controlled tool. Check ASCR r 9, APP 11 and Privacy Act notification
Rules that apply
The document starts from the task name. Change it if this piece of work is different.
The work product
Forum. Queensland first interview on a plaintiff personal injury file
Produce. A dated file note that stays on the file, with the first-consultation date and the first-instruction date recorded and not calculated.
Have ready. The lawyer's interview notes; The date a lawyer was first consulted and the date a law practice was first instructed.
Example of the limit. Illustrative example: The caller saw a doctor, then a lawyer, on different days. The note records both dates and does not diary a section 37 deadline.
Stop and hand it back when
- The draft calculates a notice date or a limitation date.
- The note is about to be sent to the client or another party.
Sources for this task were checked on 2026-10-23.
Who does what
| Role | What they do |
|---|---|
| Assistance | From the interview the lawyer selects, write a dated file note of the accident, the injury, treatment, work, who enquired, and the schemes the lawyer names. Keep it on the file. Do not send it, and do not calculate a deadline. |
| Lawyer | Set the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output. |
Checklist
- For a motor accident damages claim, Motor Accident Insurance Act 1994 section 37 uses the date the claimant first consults a lawyer. Record that date. An unidentified vehicle is a different period. Do not calculate either period.
- For a claim to which the Personal Injuries Proceedings Act 2002 applies, section 9(3) uses the date the claimant first instructs a law practice, once the proposed defendant is identified. Record both facts. Do not calculate the part 1 date.
- Limitation of Actions Act 1974 section 11 is three years from when the cause of action arose for the actions it describes. Dust-related conditions have no limitation period under section 11(2). Tobacco is excluded from that carve-out by section 11(3). Do not calculate a date.
- The note records accident, injury, treatment, work, who enquired, and the schemes the lawyer names. It is not sent and it is not evidence.
Forms and precedents for this task
| Form or precedent | Kind | AI use | Summary |
|---|---|---|---|
| Checklist for an interpreted interview | Checklist | AI use Yellow | Checklist for running a personal injury interview with an interpreter: who speaks, how often to pause, and what the interpreter is not asked to explain. |
| First interview guide for a First Nations client | Checklist | AI use Yellow | A lawyer's guide for a first interview with an Aboriginal or Torres Strait Islander client, using the New South Wales Law Society guide and Legal Aid Queensland's practice points. |
Signed-in accounts can read the full text of each one. All precedents.
Sources
- Motor Accident Insurance Act 1994 (Qld) section 37 · 2026-10-23
- Personal Injuries Proceedings Act 2002 (Qld) section 9 · 2026-10-23
- Limitation of Actions Act 1974 (Qld) section 11 · 2026-10-23
Section 37 and section 9 also contain a reasonable-excuse path for a late notice, and section 37 has a nine-month bar against the Nominal Defendant. The note does not decide that a notice is in time.
Health and wage records stay in a firm-controlled tool. Apply ASCR r 9 and APP 11, and consider whether a breach is notifiable under the Privacy Act 1988 (Cth).