---
title: "Record the section 36 conference and the section 39 final offers"
url: "https://ailawframework.com/practice/personal-injury-and-compensation/record-the-pre-court-conference-and-final-offer-steps/queensland"
type: "task_jurisdiction_version"
site: "AI Law Framework"
id: "A21-PL20261023-9-QLD"
practice_area: "Personal Injury & Compensation (workers compensation, CTP/TAC, medical negligence)"
tier: "yellow"
lawyer_review: "required"
jurisdictions: ["QLD"]
last_reviewed: "2026-10-25"
---

# Record the section 36 conference and the section 39 final offers

> From the notice and the correspondence the lawyer marks, list the date a complying Part 1 was given, any conference date, and any offer date. Do not draft the offers.

Canonical page: https://ailawframework.com/practice/personal-injury-and-compensation/record-the-pre-court-conference-and-final-offer-steps/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 | From the notice and the correspondence the lawyer marks, list the date a complying Part 1 was given, any conference date, and any offer date. Do not draft the offers. |
| What the lawyer must review | The lawyer decides whether the conference can be dispensed with and when offers are due. Record dates from the notice and the correspondence. Do not draft an offer. Keep health and wage records in a firm-controlled tool, not a public one. ASCR r 9 and APP 11 apply. Decide if a breach is notifiable under the Privacy Act 1988 (Cth). |
| Written for | Queensland |
| Applies to | [Record the pre-court conference and final-offer steps](https://ailawframework.com/practice/personal-injury-and-compensation/record-the-pre-court-conference-and-final-offer-steps.md) |

## Checking plan

**Verify against sources**

Section 36 requires a compulsory conference before a proceeding. Section 39 requires written final offers if the claim is not settled. Section 42 times the start of the proceeding.

- What the AI does: From the notice and the correspondence the lawyer marks, list the date a complying Part 1 was given, any conference date, and any offer date. Do not draft the offers.
- 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. Record the relevant day under section 36(3) as the later of these days. If there is one respondent, it is the day 6 months after the claimant gave that respondent a complying Part 1 notice. If there is more than one respondent, it is the day 6 months after the day the claimant last gave a respondent Part 1 under section 14(1). If, under section 12, a person given Part 1 gives notice that the person is a proper respondent, it is the day 6 months after that person gives notice, or, if Part 1 was given to more than one such person, the day 6 months after the day after the last person gives notice.
2. Note the parties may for good reason dispense with the conference or with signing the certificate of readiness, and the court may fix the time and place or dispense.
3. If the claim is not settled, section 39 requires written final offers at the conference, or within 14 days after the agreement or order if the conference is dispensed with, unless the court has dispensed with the obligation.
4. If a conference is held, section 42(1) says a proceeding should be started within 60 days after it ends, or within a further period agreed by the parties within that 60 days, or fixed by the court on an application by the claimant made within that 60 days. If the parties or the court dispense with the conference, section 42(2) says a proceeding should be started within 60 days after the later of these: if there is one respondent, the day 6 months after the day the claimant gives that respondent a complying Part 1, or if there is more than one, the day 6 months after the day the claimant last gave a respondent Part 1 under section 14(1); and the date of the agreement or order dispensing with the conference. A further period may be agreed by the parties within that 60 days, or fixed by the court on an application by the claimant made within that 60 days. If the court dispenses with mandatory final offers, section 42(3) uses the period the court fixes when giving the dispensation or later. Section 42(4) says expiry of the time under subsection (1), (2) or (3) does not prevent starting, but unless the claimant establishes a reasonable excuse for the delay the court may order the claimant to pay, in any event, a respondent's costs arising out of the delay, and on a respondent's application may fix a time within which the proceeding must be started. Missing a time fixed under section 42(4)(b) bars the claim, and section 42(6) says that bar has effect despite the Limitation of Actions Act 1974.

## Notes

- Respondents who make the joint offer in section 39(3) are jointly and severally liable for the whole amount if it is accepted. A form instruction about a six-month liability response was not matched to an opened section, so it is not diarised as a statutory duty here.
- The Queensland Courts generative AI page says the user is responsible for accuracy of what is given to a court or tribunal, and that confidential information must not go into a public chatbot. Practice Direction 5 of 2025 is listed. Its text was not opened.

## Practical guide

Jurisdiction: Queensland. A claim under the Personal Injuries Proceedings Act 2002 before proceedings.

**Deliverable**: A dated step list for the conference and the final offers, for the lawyer to settle.

**Inputs**

- Date a complying Part 1 was given
- Correspondence about the conference
- Any offer date on a document

**Example**: Illustrative example: A complying Part 1 is dated and no conference is agreed. The list records the Part 1 date and the relevant-day question. It drafts no offer.

**Stop and escalate when**

- The tool is asked to draft the offers.
- The Part 1 date is not on a document.

Checked 2026-10-23.

## Sources

- [Personal Injuries Proceedings Act 2002 (Qld) section 36](https://classic.austlii.edu.au/au/legis/qld/consol_act/pipa2002314/s36.html) (checked 2026-10-23)
- [Personal Injuries Proceedings Act 2002 (Qld) section 39](https://classic.austlii.edu.au/au/legis/qld/consol_act/pipa2002314/s39.html) (checked 2026-10-23)
- [Personal Injuries Proceedings Act 2002 (Qld) section 42](https://classic.austlii.edu.au/au/legis/qld/consol_act/pipa2002314/s42.html) (checked 2026-10-23)

*Practice guidance for planning and review. Confirm current primary sources and the requirements of the actual matter. This is general information, not legal advice.*