Apply section 11, which runs three years from when the action arose
MaintainedLast reviewed
Key facts
- Human involvement
- RedLawyer-led
- How AI is used
- From the date the lawyer treats as the date the cause of action arose, set out the section 11 period and leave the row blank if that date is not marked. Do not decide that the claim is in time.
- What the lawyer must review
- The lawyer decides when the cause of action arose, and writes the advice.
- Section 11 is not a discoverability test. A disability extension was not opened.
- 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).
Rules that apply
The document starts from the task name. Change it if this piece of work is different.
The work product
Forum. Queensland. A birth-injury claim and section 11.
Produce. A period table. The lawyer writes whether the claim is in time.
Have ready. The accrual date the lawyer marks; Date of birth; Any notice date, kept separate from accrual.
Example of the limit. Illustrative example: The lawyer has not marked when the cause of action arose. The table leaves the section 11 row blank. It does not use the birth date as that date.
Stop and hand it back when
- The tool is asked to decide the claim is in time.
- The tool is asked to add a disability extension that was not opened.
Sources for this task were checked on 2026-10-23.
Who does what
| Role | What they do |
|---|---|
| Assistance | Do not begin AI assistance until the responsible lawyer has defined and confirmed its permitted scope. |
| Lawyer | Perform the substantive analysis and decisions. Independently check any permitted supporting work and approve the exact output for its intended use. |
Checklist
- Record only a date the lawyer has marked as the date the cause of action arose.
- State section 11(1): 3 years from that date, for negligence, trespass, nuisance or breach of duty in which the damages consist of or include personal injury or injury resulting from death.
- Do not apply a discoverability test. The opened section has none.
- Section 11(2) is a dust-related condition and is not this task. The disability provision was not opened, so the tool does not extend the period for infancy.
Sources
- Limitation of Actions Act 1974 (Qld) section 11 · 2026-10-23
- Personal Injuries Proceedings Act 2002 (Qld) section 9A · 2026-10-23
- Queensland Courts: Using generative AI · 2026-10-23
Section 9A(11) says the symptoms timing for an initial notice does not decide when the cause of action arose. Do not use the notice date as the accrual date.
The Queensland Courts generative AI page says the user is responsible for accuracy of what is given to a court or tribunal, and that private, confidential, suppressed or legally privileged information must not go into a generative AI chatbot. Practice Direction 5 of 2025 is listed. Its text was not opened.