Keep Queensland injury-scale damages off the safety-defect claim

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Key facts

Human involvement
RedLawyer-led
How AI is used
List the heads of loss and the tests the lawyer names. Keep Part VIB on the Part 3-5 claim. Put the Queensland injury scale only on a fault claim. Do not write the advice or adopt a dollar figure.
What the lawyer must review
  • Write the advice. Part VIB applies to the Part 3-5 claim through s 87E, in this court or the Federal Court.
  • General damages on a fault claim use Civil Liability Act s 75 and the indexation notice in force.
  • The 2026 notice opened on AustLII fixes 2026–2027 amounts and is marked as made. Confirm it before using a figure.
  • Do not apply ACL s 275 to a Part 3-5 claim. It limits liability for a services-guarantee failure.
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. A Queensland fault claim beside a Part 3-5 claim

Produce. The lawyer's note of which Queensland scale applies, and which Commonwealth rules apply to the safety-defect claim.

Have ready. The causes of action pleaded; The injury summary accepted by the lawyer; The indexation notice the lawyer confirms.

Example of the limit. Illustrative example: The pleading has a negligence count and a safety-defect count. The lawyer uses the injury scale for the negligence count only, after confirming the notice in force, and Part VIB for the safety-defect count.

Stop and hand it back when

  • An indexation figure is used without confirming the notice.
  • The injury scale is applied to the Part 3-5 claim.

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

Who does what

Who does what
RoleWhat they do
AssistanceSupporting preparation only. List the heads of loss and the tests the lawyer names. Keep Part VIB on the Part 3-5 claim. Put the Queensland injury scale only on a fault claim. Do not write the advice or adopt a dollar figure. The tool writes nothing into the document. Substantive advice, judgement and any restricted content remain with the responsible human.
LawyerPerform the substantive analysis and decisions. Independently check any permitted supporting work and approve the exact output for its intended use.

Checklist

  1. Do not copy a base or variable amount from the notice into the advice until the lawyer confirms it is in force.
  2. Do not state a current Part VIB dollar maximum. Section 87M sets $250,000 for the year the Part commences and, for a later year, indexes the previous year's maximum by the September CPI ratio, to the nearest $10.
  3. Confirm s 87S on the Part 3-5 non-economic-loss claim.
  4. Name the practitioner on any Supreme Court submission under Practice Direction 5 of 2025.

Sources

If a submission is filed in the Supreme Court of Queensland, Practice Direction 5 of 2025 requires a named practitioner to verify the references. It is not a general ban on generative AI.

No dollar from the indexation table is stated in this version.

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